STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2005
_____________________
FORTY-THIRD DAY
Saint Paul, Minnesota, Wednesday, April 20,
2005
The House of Representatives convened at 12:00 noon and was
called to order by Ron Abrams, Speaker pro tempore.
Prayer was offered by Pastor Russ Kalenberg, Agape Christian
Center, Brainerd, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
The Chief Clerk proceeded to read the Journal of the preceding
day. Blaine moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS OF CHIEF CLERK
S. F. No. 51 and H. F. No. 572,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Johnson, J., moved that the rules be so far suspended that
S. F. No. 51 be substituted for H. F. No. 572 and
that the House File be indefinitely postponed.
The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communication was received:
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2005 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2005 |
Date Filed 2005 |
1466 21 11:00 a.m.
April 14 April
14
1254 22 10:55 a.m.
April 14 April
14
Sincerely,
Mary
Kiffmeyer
Secretary
of State
REPORTS OF
STANDING COMMITTEES
Smith from the Committee on Public Safety Policy and Finance to
which was referred:
H. F. No. 1, A bill for an act relating to public safety;
providing a life penalty without the possibility of release for certain first
degree criminal sexual conduct crimes; creating indeterminate sentences and
mandatory life sentences for certain first through fourth degree criminal
sexual conduct crimes; creating a new criminal sexual predatory
conduct crime; establishing the Minnesota Sex Offender Review Board; providing
procedures for operation of the review board; specifying when an offender may
petition for conditional release; directing the Sentencing Guidelines
Commission to designate presumptive sentences for certain offenses; requiring
the commissioner of corrections to establish criteria and procedures for
reviewing offenders' petitions for release; allowing the Minnesota Sex Offender
Review Board and the commissioner of corrections to proceed with expedited
rulemaking; exempting the review board from contested case proceedings;
granting the review board access to certain data; specifying that the Open
Meeting Law does not apply to meetings and hearings of the Minnesota Sex
Offender Review Board; instructing the revisor to recodify and renumber
statutes; making various technical and conforming changes; amending Minnesota
Statutes 2004, sections 13.851, by adding a subdivision; 13D.01, subdivision 2;
241.67, subdivision 3; 243.166, subdivision 1; 244.05, subdivisions 1, 3, 4, 5,
6, 7; 244.052, subdivision 3; 244.195, subdivision 1; 253B.185, subdivision 2,
by adding a subdivision; 401.01, subdivision 2; 609.117, subdivisions 1, 2;
609.1351; 609.341, by adding subdivisions; 609.342; 609.343; 609.344; 609.345;
609.3452, subdivision 4; 609.347; 609.3471; 609.348; 609.353; 631.045;
proposing coding for new law in Minnesota Statutes, chapters 244; 609;
repealing Minnesota Statutes 2004, sections 609.108; 609.109.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
APPROPRIATIONS
Section 1. [PUBLIC
SAFETY APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS"
are appropriated from the general fund, or another named fund, to the agencies
and for the purposes specified in this act, to be available for the fiscal years
indicated for each purpose. The figures
"2006" and "2007," where used in this act, mean that the
appropriation or appropriations listed under them are available for the year
ending June 30, 2006, or June 30, 2007, respectively. The term "first year" means the fiscal year ending June
30, 2006, and the term "second year" means the fiscal year ending
June 30, 2007.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 2. SUPREME COURT
Subdivision 1. Total
Appropriations
$42,547,000 $42,593,000
Subd. 2. Supreme Court
Operations
29,898,000 29,898,000
[JUDICIAL SALARIES.] Effective July 1, 2005, and
July 1, 2006, the salaries of judges of the Supreme Court, Court of Appeals,
and district court are increased by the average of the percentage increase in
total compensation for state employees provided in negotiated collective
bargaining agreements or arbitration awards for fiscal years 2006 and 2007
approved by the Legislative Coordinating Commission before the 2006 regular
legislative session. The commissioner
of employee relations shall calculate the new salaries, which shall be based on
all compensation increases, except insurance, and shall report them to the
chief justice of the Supreme Court.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[CONTINGENT ACCOUNT.] $5,000 each year is for
a contingent account for expenses necessary for the normal operation of the
court for which no other reimbursement is provided.
Subd. 3. Civil Legal
Services
12,649,000 12,695,000
[LEGAL SERVICES TO LOW-INCOME CLIENTS IN
FAMILY LAW MATTERS.] Of this appropriation, $877,000 each year is to improve
the access of low-income clients to legal representation in family law
matters. This appropriation must be
distributed under Minnesota Statutes, section 480.242, to the qualified legal
services programs described in Minnesota Statutes, section 480.242, subdivision
2, paragraph (a). Any unencumbered
balance remaining in the first year does not cancel and is available in the
second year.
Sec. 3. COURT OF
APPEALS
8,189,000 8,189,000
Sec. 4. TRIAL COURTS
231,362,000 232,951,000
Sec. 5. TAX COURT
726,000 726,000
Sec. 6. UNIFORM LAWS
COMMISSION 51,000
45,000
[MEMBERSHIP DUES OWED.] $12,000 the first
year and $6,000 the second year are for membership dues owed by the uniform
laws commission. This is a onetime
appropriation.
Sec. 7. BOARD ON
JUDICIAL STANDARDS
277,000 277,000
Of this amount, $50,000 is a onetime
appropriation.
Sec. 8. BOARD OF PUBLIC
DEFENSE
59,857,000 63,112,000
Sec. 9. PUBLIC SAFETY
Subdivision 1. Total
Appropriation
124,020,000 114,506,000
Summary by Fund
General
79,328,000 79,444,000
Special Revenue 590,000 589,000
State Government
Special Revenue
43,662,000 34,062,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Environmental
49,000 49,000
Trunk Highway
391,000 362,000
[APPROPRIATIONS FOR PROGRAMS.] The amounts that may
be spent from this appropriation for each program are specified in the
following subdivisions.
Subd. 2. Emergency Management
2,594,000 2,594,000
Summary by Fund
General
2,545,000 2,545,000
Environmental
49,000 49,000
[NONPROFIT AND FAITH-BASED ORGANIZATIONS; ANTITERRORISM
GRANTS.] Unless otherwise prohibited by statute, regulation, or other
requirement, nonprofit and faith-based organizations may apply for and receive
any funds or grants, whether federal or state, made available for antiterrorism
efforts that are not distributed or encumbered for distribution to public
safety entities within a year of receipt by the Department of Public
Safety. These organizations must be
considered under the same criteria applicable to any other eligible entity and
must be given equal consideration.
Subd. 3. Criminal
Apprehension
40,713,000 40,717,000
Summary by Fund
General
39,905,000 39,910,000
Special Revenue 440,000 439,000
State Government
Special Revenue
7,000 7,000
Trunk Highway
361,000 361,000
[COOPERATIVE INVESTIGATION OF CROSS-JURISDICTIONAL
CRIMINAL ACTIVITY.] $94,000 the first year and $93,000 the second year are
appropriated from the Bureau of Criminal Apprehension account in the special
revenue fund for grants to local officials for the cooperative investigation of
cross-jurisdictional criminal activity.
Any unencumbered balance remaining in the first year does not cancel but
is available for the second year.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[LABORATORY ACTIVITIES.] $346,000 the first
year and $346,000 the second year are appropriated from the Bureau of Criminal
Apprehension account in the special revenue fund for laboratory activities.
[DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.]
Notwithstanding Minnesota Statutes, section 161.20, subdivision 3, $361,000 the
first year and $361,000 the second year are appropriated from the trunk highway
fund for laboratory analysis related to driving-while-impaired cases.
[DWI POLICY REFORMS.] $60,000 the first year
and $58,000 the second year are for costs associated with DWI policy reforms.
[AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM.] $1,533,000 the first year and $2,318,000 the second year are to
replace the automated fingerprint identification system (AFIS).
[PREDATORY OFFENDER REGISTRATION SYSTEM.]
$1,146,000 the first year and $564,000 the second year are to upgrade the
predatory offender registration (POR) system and to increase the monitoring and
tracking of registered offenders who become noncompliant with the law.
[CRIMINAL JUSTICE INFORMATION SYSTEMS (CJIS)
AUDIT TRAIL.] $374,000 the first year and $203,000 the second year are for the
Criminal Justice Information Systems (CJIS) audit trail.
[DNA ANALYSIS OF FELON OFFENDERS.] $857,000
the first year and $869,000 the second year are to fund the analyses of
biological samples from felon offenders.
[LIVESCAN.] $66,000 the first year and
$69,000 the second year are to fund the ongoing costs of Livescan.
[METHAMPHETAMINE.] $1,000,000 the first year
and $1,000,000 the second year are to fund ten new special agent positions for
methamphetamine drug enforcement activities.
$40,000 the first year is a onetime
appropriation for a methamphetamine awareness program.
Subd. 4. Fire Marshal
2,445,000 2,432,000
Subd. 5. Alcohol and
Gambling Enforcement
1,772,000 1,772,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
General
1,622,000 1,622,000
Special Revenue 150,000 150,000
Subd. 6. Office of Justice
Programs
32,202,000 32,197,000
[GANG AND NARCOTICS STRIKE FORCES.]
$2,374,000 the first year and $2,374,000 the second year are for grants to the
combined operations of the Criminal Gang Strike Force and Narcotics Task
Forces.
[CRIME VICTIM ASSISTANCE GRANTS INCREASE.]
$532,000 each year is to increase the amount of funding for crime victim
assistance grants. This funding is to
ensure that no one judicial district receives greater than a 12 percent overall
reduction in state general funding to serve crime victims in fiscal years 2006
and 2007 versus the 2004 allocation.
[FINANCIAL CRIMES TASK FORCE.] $300,000 each
year is for the Financial Crimes Task Force.
[HUMAN TRAFFICKING; ASSESSMENT, POLICY
DEVELOPMENT, AND IMPLEMENTATION.] $50,000 the first year and $50,000 the second
year are to conduct a study and assessment of human trafficking and to
implement initiatives to reduce trafficking and assist victims.
[YOUTH INTERVENTION PROGRAMS.] $1,952,000 the
first year and $1,952,000 the second year is for youth intervention programs
currently under Minnesota Statutes, section 116L.30, but to be transferred to
Minnesota Statutes, section 299A.73.
This money must be used to help existing programs serve unmet needs in
their communities and to create new programs in underserved areas of the
state. Of this appropriation, $15,000
is appropriated to the commissioner of public safety for a onetime grant to
Blue Earth County Riverbend Center for Entrepreneurial Facilitation. The base for this program in fiscal year
2008 and after is $1,452,000.
[ADMINISTRATION COSTS.] Up to 2.5 percent of
the grant funds appropriated in this subdivision may be used to administer the
grant program.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 7. 911 Emergency
Services/ARMER 43,655,000 34,055,000
This appropriation is from the state
government special revenue fund for 911 emergency telecommunications services.
Of the receipts from the emergency
telecommunications service fee under Minnesota Statutes, section 403.11, above
50 cents per month in fiscal year 2006, up to $6,505,000 of the appropriation
in the first year is for prior year obligations to telephone utility
companies. The remainder of the
receipts from the emergency telecommunications service fee under Minnesota
Statutes, section 403.11, above 50 cents per month in the first year are for
costs associated with the Shared Public Safety Radio System and are available
until June 30, 2007.
Subd. 8. Administration
609,000 738,000
[PUBLIC SAFETY OFFICERS' HEALTH INSURANCE.]
$609,000 the first year and $738,000 the second year are for public safety
officers' health insurance. The base
for fiscal year 2008 is $885,000 and for fiscal year 2009 is $1,053,000.
Subd. 9. Driver and
Vehicle Services
31,000 1,000
[GASOLINE THEFT.] This appropriation is from
the trunk highway fund for costs associated with suspending licenses of persons
who misappropriate gasoline.
Sec.
10. PEACE OFFICER STANDARDS AND
TRAINING BOARD (POST)
4,154,000
4,051,000
This appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in the first year in excess of
$4,154,000 must be transferred and credited to the general fund. Any new receipts credited to that account in
the second year in excess of $4,051,000 must be transferred and credited to the
general fund.
[PEACE OFFICER TRAINING REIMBURSEMENT.]
$2,909,000 the first year and $2,909,000 the second year are for reimbursements
to local governments for peace officer training costs.
Sec. 11. PRIVATE
DETECTIVE BOARD
178,000
177,000
Sec. 12. HUMAN RIGHTS
3,490,000 3,490,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 13. DEPARTMENT OF
CORRECTIONS
Subdivision 1. Total
Appropriation
404,724,000 420,290,000
Summary by Fund
General Fund
403,834,000 419,400,000
Special Revenue 890,000 890,000
[APPROPRIATIONS FOR PROGRAMS.] The amounts
that may be spent from this appropriation for each program are specified in the
following subdivisions.
Subd. 2. Correctional
Institutions
288,043,000 303,358,000
Summary by Fund
General Fund
287,463,000 302,778,000
Special Revenue 580,000 580,000
[CONTRACTS FOR BEDS AT RUSH CITY.] If the
commissioner contracts with other states, local units of government, or the
federal government to rent beds in the Rush City Correctional Facility, the
commissioner shall charge a per diem under the contract, to the extent possible,
that is equal to or greater than the per diem cost of housing Minnesota inmates
in the facility.
Subd. 3. Community
Services
101,123,000 101,374,000
Summary by Fund
General Fund
101,023,000 101,274,000
Special Revenue 100,000 100,100
[SEX OFFENDER TRACKING.] $500,000 the first
year is for the acquisition of bracelets equipped with tracking devices
designed to track and monitor the movement and location of criminal
offenders. The commissioner shall use
the bracelets to monitor high-risk sex offenders who are on supervised release
or probation to help ensure that the offenders do not violate conditions of
their release or probation.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[METHAMPHETAMINE TREATMENT GRANTS.]
$1,250,000 the first year and $1,500,000 the second year are for
methamphetamine treatment grants to counties.
[METHAMPHETAMINE LAW ENFORCEMENT AND
SUPERVISION GRANTS.] $1,250,000 the first year and $1,500,000 the second year
are for methamphetamine enforcement and supervision aid grants to counties.
Subd. 4. Operations
Support
15,558,000 15,558,000
General Fund
15,348,000 15,348,000
Special Revenue 210,000 210,000
Subd. 5. Housing and
Medical Care
[SHORT-TERM OFFENDERS.] $1,207,000 each year
is appropriated to the commissioner of corrections for costs associated with
the housing and care of short-term offenders.
The commissioner may use up to 20 percent of the total amount of the
appropriation for inpatient medical care for short-term offenders with less
than six months to serve as affected by Minnesota Statutes, section 609.105, as
amended by Laws 2003, First Special Session chapter 2, article 5, sections 7 to
9. The commissioner shall establish and
implement policy governing the admission, housing, medical care, and release of
this population. All funds remaining at
the end of the fiscal year not expended for inpatient medical care shall be
added to and distributed with the housing funds. These funds shall be distributed proportionately based on the
total number of days short-term offenders are placed locally, not to exceed $70
per day. Short-term offenders may be
housed in a state correctional facility at the discretion of the commissioner. The Department of Corrections is exempt from
the state contracting process for the purposes of Minnesota Statutes, section
609.105, as amended by Laws 2003, First Special Session chapter 2, article 5,
sections 7 to 9.
Sec. 14. SENTENCING
GUIDELINES
478,000 478,000
ARTICLE 2
SEX OFFENDER CRIMINAL PROVISIONS
Section 1. Minnesota
Statutes 2004, section 13.851, subdivision 5, is amended to read:
Subd. 5. [SEX OFFENDERS;
CIVIL COMMITMENT DETERMINATION; COMMISSIONER OF CORRECTIONS.] Data provided to
the county attorney under section 244.05, subdivision 7, and to the
Minnesota Sex Offender Review Board under section 244.05, subdivision 5,
are governed by that section.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 2. Minnesota
Statutes 2004, section 244.05, subdivision 4, is amended to read:
Subd. 4. [MINIMUM
IMPRISONMENT, LIFE SENTENCE.] (a) An inmate serving a mandatory life
sentence under section 609.106, 609.342, subdivision 2, paragraph (c), or
609.343, subdivision 2, paragraph (c), must not be given supervised release
under this section.
(b) An inmate serving a mandatory life sentence under
section 609.185, clause (1), (3), (5), or (6); or 609.109, subdivision 2a
3, must not be given supervised release under this section without
having served a minimum term of 30 years.
(c) An inmate serving a mandatory life sentence under
section 609.385 must not be given supervised release under this section without
having served a minimum term of imprisonment of 17 years.
(d) An inmate serving a mandatory life sentence under
section 609.342, subdivision 2, paragraph (b); 609.343, subdivision 2,
paragraph (b); 609.344, subdivision 2, paragraph (b); 609.345, subdivision 2,
paragraph (b); or 609.3453, subdivision 2, paragraph (b), must not be given
supervised release under this section without having served a minimum term of
imprisonment of 20 years. If the
sentencing court imposed a sentence with a term of imprisonment of more than 20
years, the inmate may not be given supervised release without having served that
term.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 3. Minnesota
Statutes 2004, section 244.05, subdivision 5, is amended to read:
Subd. 5. [SUPERVISED
RELEASE, LIFE SENTENCE.] (a) The commissioner of corrections may, under rules
promulgated by the commissioner, give supervised release to an inmate serving a
mandatory life sentence under section 609.185, clause (1), (3), (5), or (6);
609.109, subdivision 2a; or 609.385 after the inmate has served the minimum
term of imprisonment specified in subdivision 4.
(b) The commissioner shall give supervised release to an
inmate serving a mandatory life sentence under section 609.109, subdivision 3;
609.342, subdivision 2, paragraph (b); 609.343, subdivision 2, paragraph (b);
609.344, subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph (b);
or 609.3453, subdivision 2, paragraph (b), when directed to do so by the Sex
Offender Review Board under section 244.0515.
(c) The commissioner shall require the preparation of a
community investigation report and shall consider the findings of the report
when making a supervised release decision under this subdivision. The report shall reflect the sentiment of
the various elements of the community toward the inmate, both at the time of
the offense and at the present time.
The report shall include the views of the sentencing judge, the
prosecutor, any law enforcement personnel who may have been involved in the
case, and any successors to these individuals who may have information relevant
to the supervised release decision. The
report shall also include the views of the victim and the victim's family
unless the victim or the victim's family chooses not to participate. The commissioner shall submit the report
required by this paragraph to the Minnesota Sex Offender Review Board to assist
the board in making release decisions under section 244.0515. The commissioner also shall give the board,
on request, any and all information the commissioner gathered for use in
compiling the report.
(c) (d) The commissioner shall
make reasonable efforts to notify the victim, in advance, of the time and place
of the inmate's supervised release review hearing. The victim has a right to submit an oral or written statement at
the review hearing. The statement may
summarize the harm suffered by the victim as a result of the crime and give the
victim's recommendation on whether the inmate should be given supervised
release at this time. The commissioner
must consider the victim's statement when making the supervised release
decision.
(d) (e) As used in this subdivision,
"victim" means the individual who suffered harm as a result of the
inmate's crime or, if the individual is deceased, the deceased's surviving
spouse or next of kin.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 4. Minnesota
Statutes 2004, section 609.108, subdivision 3, is amended to read:
Subd. 3. [PREDATORY
CRIME.] A predatory crime is a felony violation of section 609.185, 609.19,
609.195, 609.20, 609.205, 609.221, 609.222, 609.223, 609.24, 609.245, 609.25,
609.255, 609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, or
609.582, subdivision 1. As used
in this section, "predatory crime" has the meaning given in section
609.341, subdivision 24.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 5. Minnesota Statutes
2004, section 609.108, subdivision 4, is amended to read:
Subd. 4. [DANGER TO
PUBLIC SAFETY.] The court fact finder shall base its finding that
the offender is a danger to public safety on any of the following factors:
(1) the crime involved an aggravating factor that would justify
a durational departure from the presumptive sentence under the Sentencing
Guidelines;
(2) the offender previously committed or attempted to commit a
predatory crime or a violation of section 609.224 or 609.2242, including:
(i) an offense committed as a juvenile that would have been a
predatory crime or a violation of section 609.224 or 609.2242 if committed by
an adult; or
(ii) a violation or attempted violation of a similar law of any
other state or the United States; or
(3) the offender planned or prepared for the crime prior to its
commission.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 6. Minnesota
Statutes 2004, section 609.109, subdivision 3, is amended to read:
Subd. 3. [MANDATORY
LIFE SENTENCE.] (a) The court shall sentence a person to imprisonment for life,
notwithstanding the statutory maximum sentence under section 609.342, if:
(1) the person has been indicted by a grand jury under this
subdivision;
(2) the person is convicted under section 609.342; and
(3) the court determines on the record at
the time of sentencing that any of the following circumstances exists:
(i) the person has previously been sentenced under section
609.1095;
(ii) the person has one previous sex offense conviction for a
violation of section 609.342, 609.343, or 609.344 that occurred before August
1, 1989, for which the person was sentenced to prison in an upward durational
departure from the Sentencing Guidelines that resulted in a sentence at least
twice as long as the presumptive sentence; or
(iii) the person has two previous sex offense convictions under
section 609.342, 609.343, or 609.344.
(b) Notwithstanding subdivision 2 and section 609.342,
subdivision 3, the court may not stay imposition of the sentence required by
this subdivision.
(c) A person sentenced under this subdivision may only be
granted supervised release as provided for in section 244.05, subdivision 5,
paragraph (b).
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 7. Minnesota
Statutes 2004, section 609.109, subdivision 7, is amended to read:
Subd. 7. [CONDITIONAL
RELEASE OF SEX OFFENDERS.] (a) Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the Sentencing
Guidelines, when a court sentences a person to prison for a violation of
section 609.342, 609.343, 609.344, or 609.345, or 609.3453, the
court shall provide that after the person has completed the sentence imposed,
the commissioner of corrections shall place the person on conditional release.
If the person was convicted for a violation of section 609.342,
609.343, 609.344, or 609.345, or 609.3453, the person shall be
placed on conditional release for five ten years, minus the time
the person served on supervised release.
If the person was convicted for a violation of one of those
sections after a previous sex offense conviction as defined in subdivision 5, or
the person shall be placed on conditional release for the remainder of the
person's life. If the person was
sentenced under subdivision 6 to a mandatory departure, the person shall be
placed on conditional release for ten 15 years, minus the time
the person served on supervised release.
(b) The conditions of release may include successful completion
of treatment and aftercare in a program approved by the commissioner,
satisfaction of the release conditions specified in section 244.05, subdivision
6, and any other conditions the commissioner considers appropriate. If the offender fails to meet any condition
of release, the commissioner may revoke the offender's conditional release and
order that the offender serve the remaining portion of the conditional release
term in prison. The commissioner shall
not dismiss the offender from supervision before the conditional release term
expires.
Conditional release under this subdivision is governed by
provisions relating to supervised release, except as otherwise provided in this
subdivision, section 244.04, subdivision 1, or 244.05.
(c) The commissioner shall pay the cost of treatment of a
person released under this subdivision.
This section does not require the commissioner to accept or retain an
offender in a treatment program.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 8.
Minnesota Statutes 2004, section 609.341, subdivision 14, is amended to
read:
Subd. 14. [COERCION.]
"Coercion" means the use by the actor of words or
circumstances that cause the complainant reasonably to fear that the actor will
inflict bodily harm upon, or hold in confinement, the complainant or another,
or force the use by the actor of confinement, or the use of superior
size or strength, against the complainant that causes the complainant to
submit to sexual penetration or contact, but against the
complainant's will. Proof of
coercion does not require proof of a specific act or threat.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 9. Minnesota
Statutes 2004, section 609.341, is amended by adding a subdivision to read:
Subd. 22. [SEX
OFFENSE.] Except for section 609.3452, "sex offense" means any
violation of, or attempt to violate, section 609.342 (first degree criminal
sexual conduct), 609.343 (second degree criminal sexual conduct), 609.344
(third degree criminal sexual conduct), 609.345 (fourth degree criminal sexual
conduct), 609.3451 (fifth degree criminal sexual conduct), 609.3453 (criminal
sexual predatory conduct), 609.352 (solicitation of a child to engage in sexual
conduct), 617.23 (indecent exposure), 617.246 (use of minors in sexual
performance), 617.247 (possession of pornographic work involving minors), or
any similar statute of the United States or any other state.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 10. Minnesota
Statutes 2004, section 609.341, is amended by adding a subdivision to read:
Subd. 23.
[SUBSEQUENT SEX OFFENSE.] "Subsequent sex offense" means a
violation of section 609.342 (first degree criminal sexual conduct), 609.343
(second degree criminal sexual conduct), 609.344 (third degree criminal sexual
conduct), 609.345 (fourth degree criminal sexual conduct), or 609.3453
(criminal sexual predatory conduct) for which the offender is convicted after
the offender has already been convicted or adjudicated delinquent for the
following, involving a separate behavioral incident, regardless of when the
behavioral incidents occurred:
(1) another felony-level sex offense;
(2) two non-felony-level sex offenses; or
(3) any felony-level predatory crime that the fact finder
determines was motivated by the offender's sexual impulses or was part of a
predatory pattern of behavior that had criminal sexual conduct as its goal.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 11. Minnesota
Statutes 2004, section 609.341, is amended by adding a subdivision to read:
Subd. 24.
[PREDATORY CRIME.] "Predatory crime" means a felony
violation of section 609.185 (first degree murder), 609.19 (second degree
murder), 609.195 (third degree murder), 609.20 (first degree manslaughter),
609.205 (second degree manslaughter), 609.221 (first degree assault), 609.222
(second degree assault), 609.223 (third degree assault), 609.24 (simple
robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 609.255 (false
imprisonment), 609.365 (incest), 609.498 (tampering with a witness), 609.561
(first degree arson), or 609.582, subdivision 1 (first degree burglary).
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 12.
Minnesota Statutes 2004, section 609.341, is amended by adding a
subdivision to read:
Subd. 25.
[TORTURE.] "Torture" means the intentional infliction of
extreme mental anguish, or extreme psychological abuse, when committed in an
especially depraved manner.
Sec. 13. Minnesota
Statutes 2004, section 609.342, subdivision 2, is amended to read:
Subd. 2. [PENALTY.] (a)
Except as otherwise provided in section 609.109 paragraph (b) or (c),
or section 609.109, a person convicted under subdivision 1 may be sentenced
to imprisonment for not more than 30 60 years or to a payment
of a fine of not more than $40,000, or both.
(b) Unless a longer mandatory minimum sentence is
otherwise required by law or the Sentencing Guidelines provide for a longer
presumptive executed sentence, the court shall presume that an executed
sentence of 144 months must be imposed on an offender convicted of violating
this section. Except as provided in
paragraph (b) or (c), sentencing a person in a manner other than that
described in this paragraph is a departure from the Sentencing Guidelines.
(b) The court shall sentence a person to imprisonment for
life if:
(1) the person was convicted under subdivision 1, paragraph
(c), (d), (e), (f), or (h); or
(2) the person was convicted under subdivision 1 of a
subsequent sex offense.
Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a longer presumptive
executed sentence, and the court imposes this sentence, the court shall specify
a minimum term of imprisonment of 20 years that must be served before the
offender may be considered for supervised release.
(c) The court shall sentence a person to imprisonment for
life without the possibility of release if the person is convicted of violating
subdivision 1, paragraph (c), (d), (e), (f), or (h), and the fact finder
determines beyond a reasonable doubt that any of the following circumstances
exist:
(1) the offender tortured the complainant;
(2) the offender intentionally inflicted great bodily harm
upon the complainant;
(3) the offender, without the complainant's consent, removed
the complainant from one place to another and did not release the complainant
in a safe place;
(4) the complainant was aged 13 or younger at the time of
the offense;
(5) the complainant was aged 70 or older at the time of the
offense;
(6) the offender was armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to reasonably
believe it to be a dangerous weapon and used or threatened to use the weapon or
article to cause the complainant to submit;
(7) the charged offense involved sexual penetration or
sexual contact with more than one victim; or
(8) the offense involved more than one perpetrator engaging
in sexual penetration or sexual contact with the complainant.
The fact finder may not consider a circumstance described in
clauses (1) to (8) if it is an element of the underlying specified violation of
subdivision 1.
(d) In addition to the sentence imposed under paragraph (a),
(b), or (c), the person may also be sentenced to the payment of a fine of not
more than $40,000.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 14. Minnesota
Statutes 2004, section 609.342, subdivision 3, is amended to read:
Subd. 3. [STAY.] Except
when imprisonment is required for a subsequent sex offense or under
section 609.109, if a person is convicted under subdivision 1, clause (g), the
court may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the
family unit; and
(b) a professional assessment indicates that the offender has
been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment
program; and
(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully completed the
treatment program unless approved by the treatment program and the supervising
correctional agent.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 15. Minnesota
Statutes 2004, section 609.343, subdivision 2, is amended to read:
Subd. 2. [PENALTY.] (a)
Except as otherwise provided in paragraph (b) or (c) or section 609.109,
a person convicted under subdivision 1 may be sentenced to imprisonment for not
more than 25 50 years or to a payment of a fine of not more
than $35,000, or both.
(b) Unless a longer mandatory minimum sentence is
otherwise required by law or the Sentencing Guidelines provide for a longer
presumptive executed sentence, the court shall presume that an executed
sentence of 90 months must be imposed on an offender convicted of violating
subdivision 1, clause (c), (d), (e), (f), or (h). Sentencing a person in a manner other than that described in this
paragraph is a departure from the Sentencing Guidelines.
(b) The court shall sentence a person to imprisonment for
life if:
(1) the person was convicted under subdivision 1, paragraph
(c), (d), (e), (f), or (h); or
(2) the person was convicted under subdivision 1 of a
subsequent sex offense.
Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a longer presumptive
executed sentence, and the court imposes this sentence, the court shall specify
a minimum term of imprisonment of 20 years that must be served before the
offender may be considered for supervised release.
(c) The court shall sentence a person to imprisonment for
life without the possibility of release if the person is convicted of violating
subdivision 1, paragraph (c), (d), (e), (f), or (h), and the fact finder
determines beyond a reasonable doubt that any of the following circumstances
exist:
(1) the offender tortured the complainant;
(2) the offender intentionally inflicted great bodily harm
upon the complainant;
(3) the offender, without the complainant's consent, removed
the complainant from one place to another and did not release the complainant
in a safe place;
(4) the complainant was aged 13 or younger at the time of
the offense;
(5) the complainant was aged 70 or older at the time of the
offense;
(6) the offender was armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to reasonably
believe it to be a dangerous weapon and used or threatened to use the weapon or
article to cause the complainant to submit;
(7) the charged offense involved sexual penetration or
sexual contact with more than one victim; or
(8) the offense involved more than one perpetrator engaging
in sexual penetration or sexual contact with the complainant.
The fact finder may not consider a circumstance described in
clauses (1) to (8) if it is an element of the underlying specified violation of
subdivision 1.
(d) In addition to the sentence imposed under paragraph (a),
(b), or (c), the person may also be sentenced to the payment of a fine of not
more than $35,000.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 16. Minnesota
Statutes 2004, section 609.343, subdivision 3, is amended to read:
Subd. 3. [STAY.] Except
when imprisonment is required for a subsequent sex offense or under
section 609.109, if a person is convicted under subdivision 1, clause (g), the
court may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the
family unit; and
(b) a professional assessment indicates that the offender has
been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program;
and
(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully completed the
treatment program unless approved by the treatment program and the supervising
correctional agent.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 17. Minnesota
Statutes 2004, section 609.344, subdivision 2, is amended to read:
Subd. 2. [PENALTY.] (a)
Except as otherwise provided in paragraph (b), a person convicted under
subdivision 1 may be sentenced to imprisonment for not more than 15 30
years or to a payment of a fine of not more than $30,000, or both.
(b) A person convicted under subdivision 1 of a subsequent
sex offense shall be sentenced to imprisonment for life. Unless a longer mandatory minimum sentence
is otherwise required by law or the Sentencing Guidelines provide for a longer
presumptive executed sentence, and the court imposes this sentence, the court
shall specify a minimum term of imprisonment of 20 years that must be served
before the offender may be considered for supervised release.
(c) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a fine of not more than
$30,000.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 18. Minnesota
Statutes 2004, section 609.344, subdivision 3, is amended to read:
Subd. 3. [STAY.] Except
when imprisonment is required under subdivision 2, paragraph (b), or
section 609.109, if a person is convicted under subdivision 1, clause (f), the
court may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the
family unit; and
(b) a professional assessment indicates that the offender has
been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment
program; and
(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully completed the
treatment program unless approved by the treatment program and the supervising
correctional agent.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 19. Minnesota
Statutes 2004, section 609.345, subdivision 2, is amended to read:
Subd. 2. [PENALTY.] (a)
Except as otherwise provided in paragraph (b), a person convicted under
subdivision 1 may be sentenced to imprisonment for not more than ten 20
years or to a payment of a fine of not more than $20,000, or both.
(b) A person convicted under subdivision 1 of a subsequent
sex offense shall be sentenced to imprisonment for life. Unless a longer mandatory minimum sentence
is otherwise required by law or the Sentencing Guidelines provide for a longer
presumptive executed sentence, and the court imposes this sentence, the court
shall specify a minimum term of imprisonment of 20 years that must be served
before the offender may be considered for supervised release.
(c) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a fine of not more
than $20,000.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 20. Minnesota
Statutes 2004, section 609.345, subdivision 3, is amended to read:
Subd. 3. [STAY.] Except
when imprisonment is required under subdivision 2, paragraph (b), or
section 609.109, if a person is convicted under subdivision 1, clause (f), the
court may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the
family unit; and
(b) a professional assessment indicates that the offender has been
accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment
program; and
(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully completed the
treatment program unless approved by the treatment program and the supervising
correctional agent.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 21. [609.3453]
[CRIMINAL SEXUAL PREDATORY CONDUCT.]
Subdivision 1.
[CRIME DEFINED.] A person is guilty of criminal sexual predatory
conduct if the person commits a predatory crime that was motivated by the
offender's sexual impulses or was part of a predatory pattern of behavior that
had criminal sexual conduct as its goal.
Subd. 2.
[PENALTY.] (a) Except as provided in paragraph (b), a person
convicted under subdivision 1 may be sentenced to imprisonment for a minimum of
15 years or twice the statutory maximum for the underlying predatory crime,
whichever is longer.
(b) A person convicted under subdivision 1 of a subsequent sex
offense shall be sentenced to imprisonment for life. Unless a longer mandatory minimum sentence is otherwise required
by law or the Sentencing Guidelines provide for a longer presumptive executed
sentence, and the court imposes this sentence, the court shall specify a
minimum term of imprisonment of 20 years that must be served before the
offender may be considered for supervised release.
(c) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a fine of not more
than $20,000.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 22. Minnesota
Statutes 2004, section 609.748, subdivision 2, is amended to read:
Subd. 2. [RESTRAINING
ORDER; JURISDICTION.] A person who is a victim of harassment may seek a
restraining order from the district court in the manner provided in this
section. The parent or,
guardian, or stepparent of a minor who is a victim of harassment may
seek a restraining order from the district court on behalf of the minor.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 23. Minnesota
Statutes 2004, section 609.748, subdivision 3a, is amended to read:
Subd. 3a. [FILING FEE;
COST OF SERVICE.] The filing fees for a restraining order under this section
are waived for the petitioner if the petition alleges acts that would
constitute a violation of section 609.749, subdivision 2 or 3, or sections
609.342 to 609.3451. The court
administrator and the sheriff of any county in this state shall perform their
duties relating to service of process without charge to the petitioner. The court shall direct payment of the
reasonable costs of service of process if served by a private process server
when the sheriff is unavailable or if service is made by publication. The court may direct a respondent to pay to
the court administrator the petitioner's filing fees and reasonable costs of
service of process if the court determines that the respondent has the ability
to pay the petitioner's fees and costs.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 24. Minnesota
Statutes 2004, section 609.749, subdivision 2, is amended to read:
Subd. 2. [HARASSMENT
AND STALKING CRIMES.] (a) A person who harasses another by committing any of
the following acts is guilty of a gross misdemeanor:
(1) directly or indirectly manifests a purpose or intent to
injure the person, property, or rights of another by the commission of an
unlawful act;
(2) stalks, follows, monitors, or pursues another,
whether in person or through technological or other means;
(3) returns to the property of another if the actor is without
claim of right to the property or consent of one with authority to consent;
(4) repeatedly makes telephone calls, or induces a victim to
make telephone calls to the actor, whether or not conversation ensues;
(5) makes or causes the telephone of another
repeatedly or continuously to ring;
(6) repeatedly mails or delivers or causes the delivery by any
means, including electronically, of letters, telegrams, messages, packages, or
other objects; or
(7) knowingly makes false allegations against a peace officer
concerning the officer's performance of official duties with intent to
influence or tamper with the officer's performance of official duties.
(b) The conduct described in paragraph (a), clauses (4) and
(5), may be prosecuted at the place where any call is either made or received or,
additionally in the case of wireless or electronic communication, where the
actor or victim resides. The conduct
described in paragraph (a), clause (2), may be prosecuted where the actor or
victim resides. The conduct
described in paragraph (a), clause (6), may be prosecuted where any letter,
telegram, message, package, or other object is either sent or received or,
additionally in the case of wireless or electronic communication, where the
actor or victim resides.
(c) A peace officer may not make a warrantless, custodial
arrest of any person for a violation of paragraph (a), clause (7).
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 25. Minnesota
Statutes 2004, section 609.79, subdivision 2, is amended to read:
Subd. 2. [VENUE.] The
offense may be prosecuted either at the place where the call is made or where
it is received or, additionally in the case of wireless or electronic
communication, where the sender or receiver resides.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 26. Minnesota
Statutes 2004, section 609.795, is amended by adding a subdivision to read:
Subd. 3.
[VENUE.] The offense may be prosecuted either at the place where the
letter, telegram, or package is sent or received or, alternatively in the case
of wireless electronic communication, where the sender or receiver resides.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 27. [SENTENCING
GUIDELINES; CHANGES MANDATED.]
(a) The Sentencing Guidelines Commission shall modify the
Sentencing Guidelines, including the guidelines grid, to reflect the changes
made in this act.
(b) The commission shall make the sex offender-related
modifications to the guidelines and grid proposed in the commission's January
2005 report to the legislature, including creating a separate sex offender
grid, and changing the method used to calculate the weights assigned to sex
offenses when calculating an offender's criminal history. However, the commission shall adapt the
proposed modifications to reflect the restructuring of sex offense sentences
under this article.
(c) Modifications made by the commission under this section
take effect August 1, 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 28.
[REPEALER.]
Minnesota Statutes 2004, sections 609.108, subdivision 2,
and 609.109, subdivisions 2, 4, and 6, are repealed.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
ARTICLE
3
SEX
OFFENDER POLICY AND REVIEW BOARDS
Section 1. Minnesota
Statutes 2004, section 13.851, is amended by adding a subdivision to read:
Subd. 9.
[PREDATORY OFFENDERS; MINNESOTA SEX OFFENDER REVIEW BOARD.] Certain data
classified under this chapter are made accessible to the Minnesota Sex Offender
Review Board under section 244.0515.
[EFFECTIVE DATE.] This
section is effective August 1, 2005.
Sec. 2. Minnesota
Statutes 2004, section 13D.05, subdivision 2, is amended to read:
Subd. 2. [WHEN MEETING
MUST BE CLOSED.] (a) Any portion of a meeting must be closed if expressly
required by other law or if the following types of data are discussed:
(1) data that would identify alleged victims or reporters of
criminal sexual conduct, domestic abuse, or maltreatment of minors or
vulnerable adults;
(2) active investigative data as defined in section 13.82,
subdivision 7, or internal affairs data relating to allegations of law
enforcement personnel misconduct collected or created by a state agency,
statewide system, or political subdivision; or
(3) educational data, health data, medical data, welfare data,
or mental health data that are not public data under section 13.32, 13.3805,
subdivision 1, 13.384, or 13.46, subdivision 2 or 7.
(b) A public body shall close one or more meetings for
preliminary consideration of allegations or charges against an individual
subject to its authority. If the
members conclude that discipline of any nature may be warranted as a result of
those specific charges or allegations, further meetings or hearings relating to
those specific charges or allegations held after that conclusion is reached
must be open. A meeting must also be
open at the request of the individual who is the subject of the meeting.
(c) The Minnesota Sex Offender Review Board authorized by
section 244.0515 must close a meeting to deliberate whether an inmate's
petition meets the criteria for release established by the board. The board must identify the inmate whose
petition will be deliberated. At its
next open meeting, the board shall summarize its deliberations regarding the
inmate's petition.
[EFFECTIVE DATE.] This
section is effective August 1, 2005.
Sec. 3. [243.168] [SEX
OFFENDER POLICY BOARD; ESTABLISHMENT; MEMBERSHIP; REPORTS.]
Subdivision 1.
[ESTABLISHMENT.] A Sex Offender Policy Board is established to
develop professional standards for treatment of sex offenders, including
uniform supervision and treatment guidelines.
(a) The governor shall appoint a Sex
Offender Policy Board to serve in an advisory capacity to the governor. The governor shall appoint to the board five
professionals with relevant and complimentary experience in treatment, law enforcement,
sex offender assessment, and sex offender management.
(b) Members of the board appointed by the governor serve at
the pleasure of the governor and their terms end with the term of the
governor. Members of the board serve
without compensation but may be reimbursed for reasonable expenses as
determined by the commissioner of corrections.
Notwithstanding section 15.059, the board does not expire until repealed
by law.
Subd. 2.
[REPORTS TO LEGISLATURE.] The board must submit reports to the
legislature on the professional standards for treatment of sex offenders,
including uniform supervision and treatment guidelines.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 4. [244.0515]
[MINNESOTA SEX OFFENDER REVIEW BOARD.]
Subdivision 1.
[DEFINITIONS.] As used in this section, the following terms have the
meanings given:
(1) "board" means the Minnesota Sex Offender
Review Board; and
(2) "commissioner" means the commissioner of
corrections.
Subd. 2.
[RESPONSIBILITIES.] The board is responsible for making decisions
regarding the release of inmates sentenced to life sentences under section
609.342, subdivision 2, paragraph (b); 609.343, subdivision 2, paragraph (b);
609.344, subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph (b);
or 609.3453, subdivision 2, paragraph (b).
Subd. 3.
[EXEMPTION FROM CHAPTER 14.] (a) For the purposes of this section and
except as provided in paragraph (b), the board and the commissioner are not
subject to chapter 14.
(b) The board and the commissioner may adopt rules under
section 14.389 to implement this section.
[EFFECTIVE DATE.] This
section is effective August 1, 2005.
Sec. 5. [DIRECTION TO
COMMISSIONER OF CORRECTIONS.]
(a) The commissioner of corrections shall establish criteria
and procedures for the Minnesota Sex Offender Review Board established under
Minnesota Statutes, section 244.0515.
The commissioner shall develop recommendations for the composition,
duties, procedures, and review criteria for release of sex offenders. The proposed procedures and review criteria
shall be for use by the board in making release and revocation decisions on
offenders sentenced under Minnesota Statutes, section 609.342, subdivision 2,
paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344, subdivision 2,
paragraph (b); 609.345, subdivision 2, paragraph (b); or 609.3453, subdivision
2, paragraph (b). In establishing
criteria and procedures, the commissioner shall seek the input of the
end-of-confinement review committee at each state correctional facility and at
each state treatment facility where predatory offenders are confined. The commissioner also shall seek input from
individuals knowledgeable in health and human services; public safety;
Minnesota's sex offender treatment program; treatment of sex offenders; crime
victim issues; criminal law; sentencing guidelines; law enforcement; and
probation, supervised release, and conditional release.
(b) By December 15, 2005, the
commissioner shall submit a written report to the legislature containing proposed
composition, duties, procedures, and review criteria of the Minnesota Sex
Offender Board. This report also must
include a summary of the input gathered under paragraph (a).
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 6. [SUPREME COURT
TASK FORCE; STUDY REQUIRED.]
Subdivision 1.
[ESTABLISHMENT.] The Minnesota Supreme Court is requested to
establish a task force to study the use of the court system as an alternative
to the administrative process of the special review board for reductions in
custody and discharge from commitment of those persons committed as a sexually
dangerous person or sexual psychopathic personality under Minnesota Statutes,
section 253B.185.
Subd. 2.
[MEMBERSHIP.] The task force shall consist of the following:
(1) a representative from the Supreme Court;
(2) a court administrator;
(3) a district court judge;
(4) a county attorney selected by the county attorney's
association;
(5) a representative from the attorney general's office;
(6) the Ombudsman for Mental Health and Mental Retardation;
(7) a law enforcement representative;
(8) a county case manager;
(9) a victim services representative;
(10) a person experienced in treating sex offenders;
(11) a defense attorney;
(12) the commissioner of human services or designee;
(13) the state-operated services forensic medical director
or designee;
(14) the commissioner of corrections or designee;
(15) a representative from community corrections;
(16) a member of the special review board; and
(17) any other persons deemed necessary by the Minnesota
Supreme Court.
Subd. 3.
[RECOMMENDATIONS.] The task force shall be convened no later than
August 1, 2005. The task force shall
examine current law and practices relating to the reduction in custody and
discharge of persons committed as a sexually dangerous person or sexual
psychopathic personality. The task
forces shall examine the laws of other jurisdictions and shall make
recommendations regarding reduction in custody and discharge procedures and
release criteria. The recommendations
may suggest the establishment of a judicial process rather than the special
review board to authorize a reduction in custody or discharge.
Subd. 4.
[REPORT.] The task force shall report to the chairs of the house
Public Safety Policy and Finance Committee and the senate Crime Prevention
and Public Safety Committee with recommendations by
December 15, 2005.
ARTICLE
4
PREDATORY
OFFENDER REGISTRY
Section 1. Minnesota
Statutes 2004, section 13.82, is amended by adding a subdivision to read:
Subd. 28.
[DISCLOSURE OF SEX OFFENDER REGISTRANT STATUS.] Law enforcement
agency disclosure to health facilities of the registrant status of a registered
sex offender is governed by section 244.052.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 2. Minnesota
Statutes 2004, section 144A.135, is amended to read:
144A.135 [TRANSFER AND DISCHARGE APPEALS.]
(a) The commissioner shall establish a mechanism for hearing
appeals on transfers and discharges of residents by nursing homes or boarding
care homes licensed by the commissioner.
The commissioner may adopt permanent rules to implement this section.
(b) Until federal regulations are adopted under sections
1819(f)(3) and 1919(f)(3) of the Social Security Act that govern appeals of the
discharges or transfers of residents from nursing homes and boarding care homes
certified for participation in Medicare or medical assistance, the commissioner
shall provide hearings under sections 14.57 to 14.62 and the rules adopted by
the Office of Administrative Hearings governing contested cases. To appeal the discharge or transfer, or
notification of an intended discharge or transfer, a resident or the resident's
representative must request a hearing in writing no later than 30 days after
receiving written notice, which conforms to state and federal law, of the
intended discharge or transfer.
(c) Hearings under this section shall be held no later than 14
days after receipt of the request for hearing, unless impractical to do so or
unless the parties agree otherwise.
Hearings shall be held in the facility in which the resident resides,
unless impractical to do so or unless the parties agree otherwise.
(d) A resident who timely appeals a notice of discharge or
transfer, and who resides in a certified nursing home or boarding care home,
may not be discharged or transferred by the nursing home or boarding care home
until resolution of the appeal. The commissioner
can order the facility to readmit the resident if the discharge or transfer was
in violation of state or federal law.
If the resident is required to be hospitalized for medical necessity
before resolution of the appeal, the facility shall readmit the resident unless
the resident's attending physician documents, in writing, why the resident's
specific health care needs cannot be met in the facility.
(e) The commissioner and Office of Administrative Hearings
shall conduct the hearings in compliance with the federal regulations described
in paragraph (b), when adopted.
(f) Nothing in this section limits the right of a resident or the
resident's representative to request or receive assistance from the Office of
Ombudsman for Older Minnesotans or the Office of Health Facility Complaints
with respect to an intended discharge or transfer.
(g) A person required to inform a health care facility of
the person's status as a registered sex offender under section 243.166,
subdivision 4b, who knowingly fails to do so shall be deemed to have endangered
the safety of individuals in the facility under Code of Federal Regulations,
chapter 42, section 483.12.
Notwithstanding paragraph (d), any appeal of the notice and discharge
shall not constitute a stay of the discharge.
[EFFECTIVE DATE.] This
section is effective August 1, 2005.
Sec. 3. Minnesota
Statutes 2004, section 243.166, is amended to read:
243.166 [REGISTRATION OF PREDATORY OFFENDERS.]
Subdivision 1.
[REGISTRATION REQUIRED.] (a) A person shall register under this section
if:
(1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and convicted of or
adjudicated delinquent for that offense or another offense arising out of the
same set of circumstances:
(i) murder under section 609.185, clause (2); or
(ii) kidnapping under section 609.25; or
(iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
(iv) indecent exposure under section 617.23, subdivision 3;
or
(2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision 2; soliciting
a minor to engage in prostitution in violation of section 609.322 or 609.324;
soliciting a minor to engage in sexual conduct in violation of section 609.352;
using a minor in a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of section 617.247,
and convicted of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances; or
(3) the person was convicted of a predatory crime as defined
in section 609.108, and the offender was sentenced as a patterned sex offender
or the court found on its own motion or that of the prosecutor that the crime
was part of a predatory pattern of behavior that had criminal sexual conduct as
its goal; or
(4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of the United
States, including the Uniform Code of Military Justice, similar to the offenses
described in clause (1), (2), or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent in
another state for an offense that would be a violation of a law described in
paragraph (a) if committed in this state;
(2) the person enters the state to reside, or to work or
attend school; and
(3) ten years have not elapsed since the person was released
from confinement or, if the person was not confined, since the person was
convicted of or adjudicated delinquent for the offense that triggers
registration, unless the person is subject to lifetime registration, in which
case the person must register for life regardless of when the person was
released from confinement, convicted, or adjudicated delinquent.
For purposes of this
paragraph:
(i) "school" includes any public or private
educational institution, including any secondary school, trade or professional
institution, or institution of higher education, that the person is enrolled in
on a full-time or part-time basis; and
(ii) "work" includes employment that is full time
or part time for a period of time exceeding 14 days or for an aggregate period
of time exceeding 30 days during any calendar year, whether financially
compensated, volunteered, or for the purpose of government or educational
benefit.
(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under section
253B.185 or Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States, regardless of whether the person was
convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in paragraph (a),
clause (1), or a similar law of another state or the United States, or the
person was charged with or petitioned for a violation of any of the offenses
listed in paragraph (a), clause (2), or a similar law of another state or the
United States;
(2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or found guilty
but mentally ill after a trial for that offense, in states with a guilty but
mentally ill verdict; and
(3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or the United
States.
Subd. 1a.
[DEFINITIONS.] (a) As used in this section, unless the context
clearly indicates otherwise, the following terms have the meanings given them.
(b) "Bureau" means the Bureau of Criminal
Apprehension.
(c) "Dwelling" means the building where the person
lives under a formal or informal agreement to do so.
(d) "Incarceration" and "confinement" do
not include electronic home monitoring.
(e) "Law enforcement authority" or
"authority" means, with respect to a home rule charter or statutory
city, the chief of police, and with respect to an unincorporated area, the
county sheriff.
(f) "Motor vehicle" has the meaning given in
section 169.01, subdivision 2.
(g) "Primary address" means the mailing address of
the person's dwelling. If the mailing
address is different from the actual location of the dwelling, primary address
also includes the physical location of the dwelling described with as much
specificity as possible.
(h) "School" includes any public or private
educational institution, including any secondary school, trade, or professional
institution, or institution of higher education, that the person is enrolled in
on a full-time or part-time basis.
(i) "Secondary address" means the mailing address
of any place where the person regularly or occasionally stays overnight when
not staying at the person's primary address.
If the mailing address is different from the actual location of the place,
secondary address also includes the physical location of the place described
with as much specificity as possible.
(j) "Treatment facility" means a residential
facility, as defined in section 244.052, subdivision 1, and residential
chemical dependency treatment programs and halfway houses licensed under
chapter 245A, including, but not limited to, those facilities directly or
indirectly assisted by any department or agency of the United States.
(k) "Work" includes employment that is full time
or part time for a period of time exceeding 14 days or for an aggregate period
of time exceeding 30 days during any calendar year, whether financially
compensated, volunteered, or for the purpose of government or educational
benefit.
Subd. 1b.
[REGISTRATION REQUIRED.] (a) A person shall register under this
section if:
(1) the person was charged with or petitioned for a felony
violation of or attempt to violate, or aiding, abetting, or conspiracy to
commit, any of the following, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of circumstances:
(i) murder under section 609.185, clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
(iv) indecent exposure under section 617.23, subdivision 3;
(2) the person was charged with or petitioned for a
violation of, or attempt to violate, or aiding, abetting, or conspiracy to
commit false imprisonment in violation of section 609.255, subdivision 2;
soliciting a minor to engage in prostitution in violation of section 609.322 or
609.324; soliciting a minor to engage in sexual conduct in violation of section
609.352; using a minor in a sexual performance in violation of section 617.246;
or possessing pornographic work involving a minor in violation of section
617.247, and convicted of or adjudicated delinquent for that offense or another
offense arising out of the same set of circumstances;
(3) the person was sentenced as a patterned sex offender
under section 609.108; or
(4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of the United
States, including the Uniform Code of Military Justice, similar to the offenses
described in clause (1), (2), or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent in
another state for an offense that would be a violation of a law described in
paragraph (a) if committed in this state;
(2) the person enters this state to reside, work, or attend
school, or enters this state and remains for 14 days or longer; and
(3) ten years have not elapsed since the person was released
from confinement or, if the person was not confined, since the person was
convicted of or adjudicated delinquent for the offense that triggers
registration, unless the person is subject to lifetime registration, in which
case the person shall register for life regardless of when the person was
released from confinement, convicted, or adjudicated delinquent.
(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under section
253B.185 or Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States, regardless of whether the person was
convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in paragraph (a),
clause (1), or a similar law of another state or the United States, or the
person was charged with or petitioned for a violation of any of the offenses
listed in paragraph (a), clause (2), or a similar law of another state or the
United States;
(2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or found guilty
but mentally ill after a trial for that offense, in states with a guilty but
mentally ill verdict; and
(3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or the United
States.
Subd. 2. [NOTICE.] When
a person who is required to register under subdivision 1 1b,
paragraph (a), is sentenced or becomes subject to a juvenile court disposition
order, the court shall tell the person of the duty to register under this
section and that, if the person fails to comply with the registration
requirements, information about the offender may be made available to the
public through electronic, computerized, or other accessible means. The court may not modify the person's duty
to register in the pronounced sentence or disposition order. The court shall require the person to read
and sign a form stating that the duty of the person to register under this
section has been explained. The court
shall forward the signed sex offender registration form, the complaint, and
sentencing documents to the bureau of Criminal Apprehension. If a person required to register under
subdivision 1 1b, paragraph (a), was not notified by the court of
the registration requirement at the time of sentencing or disposition, the
assigned corrections agent shall notify the person of the requirements of this
section. When a person who is required
to register under subdivision 1 1b, paragraph (c) or (d), is
released from commitment, the treatment facility shall notify the person of the
requirements of this section. The
treatment facility shall also obtain the registration information required
under this section and forward it to the bureau of Criminal Apprehension.
Subd. 3. [REGISTRATION
PROCEDURE.] (a) Except as provided in subdivision 3a, a person required
to register under this section shall register with the corrections agent as
soon as the agent is assigned to the person.
If the person does not have an assigned corrections agent or is unable
to locate the assigned corrections agent, the person shall register with the
law enforcement agency authority that has jurisdiction in the
area of the person's residence primary address.
(b) Except as provided in subdivision 3a, at least five
days before the person starts living at a new primary address, including living
in another state, the person shall give written notice of the new primary bureau
living
address to the assigned corrections agent or to the law enforcement authority
with which the person currently is registered.
If the person will be living in a new state and that state has a
registration requirement, the person shall also give written notice of the new
address to the designated registration agency in the new state. A person required to register under this
section shall also give written notice to the assigned corrections agent or to
the law enforcement authority that has jurisdiction in the area of the person's
residence primary address that the person is no longer living or
staying at an address, immediately after the person is no longer living or
staying at that address. The
corrections agent or law enforcement authority shall, within two business days
after receipt of this information, forward it to the of Criminal Apprehension. The
bureau of Criminal Apprehension shall, if it has not already been done,
notify the law enforcement authority having primary jurisdiction in the
community where the person will live of the new address. If the person is leaving the state, the
bureau of Criminal Apprehension shall notify the registration authority
in the new state of the new address. If
the person's obligation to register arose under subdivision 1, paragraph (b),
The person's registration requirements under this section terminate when
after the person begins living in the new state and the bureau has
confirmed the address in the other state through the annual verification
process on at least one occasion.
(c) A person required to register under subdivision 1 1b,
paragraph (b), because the person is working or attending school in Minnesota
shall register with the law enforcement agency authority that has
jurisdiction in the area where the person works or attends school. In addition to other information required by
this section, the person shall provide the address of the school or of the
location where the person is employed.
A person must shall comply with this paragraph within five
days of beginning employment or school.
A person's obligation to register under this paragraph terminates when
the person is no longer working or attending school in Minnesota.
(d) A person required to register under this section who works
or attends school outside of Minnesota shall register as a predatory offender
in the state where the person works or attends school. The person's corrections agent, or if the person
does not have an assigned corrections agent, the law enforcement authority that
has jurisdiction in the area of the person's residence primary
address shall notify the person of this requirement.
Subd. 3a.
[REGISTRATION PROCEDURE WHEN PERSON LACKS PRIMARY ADDRESS.] (a) If a
person leaves a primary address and does not have a new primary address, the
person shall register with the law enforcement authority that has jurisdiction
in the area where the person is staying within 24 hours of the time the person
no longer has a primary address.
(b) A person who lacks a primary address shall register with
the law enforcement authority that has jurisdiction in the area where the
person is staying within 24 hours after entering the jurisdiction. Each time a person who lacks a primary
address moves to a new jurisdiction without acquiring a new primary address,
the person shall register with the law enforcement authority that has
jurisdiction in the area where the person is staying within 24 hours after
entering the jurisdiction.
(c) Upon registering under this subdivision, the person
shall provide the law enforcement authority with all of the information the
individual is required to provide under subdivision 4a. However, instead of reporting the person's
primary address, the person shall describe the location of where the person is
staying with as much specificity as possible.
(d) Except as otherwise provided in paragraph (e), if a
person continues to lack a primary address, the person shall report in person
on a weekly basis to the law enforcement authority with jurisdiction in the
area where the person is staying. This
weekly report shall occur between the hours of 9:00 a.m. and 5:00 p.m. The person is not required to provide the
registration information required under subdivision 4a each time the offender
reports to an authority, but the person shall inform the authority of changes
to any information provided under this subdivision or subdivision 4a and shall
otherwise comply with this subdivision.
(e) If the law enforcement authority determines that it is
impractical, due to the person's unique circumstances, to require a person
lacking a primary address to report weekly and in person as required under
paragraph (d), the authority may authorize the person to follow an alternative
reporting procedure. The authority
shall consult with the person's corrections agent, if the person has one, in
establishing the specific criteria of this alternative procedure, subject to
the following requirements:
(1) the authority shall document, in the person's
registration record, the specific reasons why the weekly in-person reporting
process is impractical for the person to follow;
(2) the authority shall explain how the
alternative reporting procedure furthers the public safety objectives of this
section;
(3) the authority shall require the person lacking a primary
address to report in person at least monthly to the authority or the person's
corrections agent and shall specify the location where the person shall
report. If the authority determines it
would be more practical and would further public safety for the person to
report to another law enforcement authority with jurisdiction where the person
is staying, it may, after consulting with the other law enforcement authority,
include this requirement in the person's alternative reporting process;
(4) the authority shall require the person to comply with
the weekly, in-person reporting process required under paragraph (d), if the
person moves to a new area where this process would be practical;
(5) the authority shall require the person to report any
changes to the registration information provided under subdivision 4a and to
comply with the periodic registration requirements specified under paragraph
(f); and
(6) the authority shall require the person to comply with
the requirements of subdivision 3, paragraphs (b) and (c), if the person moves
to a primary address.
(f) If a person continues to lack a primary address and
continues to report to the same law enforcement authority, the person shall
provide the authority with all of the information the individual is required to
provide under this subdivision and subdivision 4a at least annually, unless the
person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar
law of another state or the United States.
If the person is required to register under subdivision 1b, paragraph
(c), the person shall provide the law enforcement authority with all of the
information the individual is required to report under this subdivision and
subdivision 4a at least once every three months.
(g) A law enforcement authority receiving information under
this subdivision shall forward registration information and changes to that
information to the bureau within two business days of receipt of the
information.
(h) For purposes of this subdivision, a person who fails to
report a primary address will be deemed to be a person who lacks a primary
address, and the person shall comply with the requirements for a person who
lacks a primary address.
Subd. 4. [CONTENTS OF
REGISTRATION.] (a) The registration provided to the corrections agent or law
enforcement authority, must consist of a statement in writing signed by the
person, giving information required by the bureau of Criminal Apprehension,
a fingerprint card, and photograph of the person taken at the time of the
person's release from incarceration or, if the person was not incarcerated, at
the time the person initially registered under this section. The registration information also must
include a written consent form signed by the person allowing a treatment
facility or residential housing unit or shelter to release information
to a law enforcement officer about the person's admission to, or residence in,
a treatment facility or residential housing unit or shelter. Registration information on adults and
juveniles may be maintained together notwithstanding section 260B.171,
subdivision 3.
(b) For persons required to register under subdivision 1
1b, paragraph (c), following commitment pursuant to a court commitment
under section 253B.185 or a similar law of another state or the United States,
in addition to other information required by this section, the registration
provided to the corrections agent or law enforcement authority must include the
person's offense history and documentation of treatment received during the
person's commitment. This documentation
shall be is limited to a statement of how far the person
progressed in treatment during commitment.
(c) Within three days of receipt, the
corrections agent or law enforcement authority shall forward the registration
information to the bureau of Criminal Apprehension. The bureau shall ascertain whether the person
has registered with the law enforcement authority where the person resides
in the area of the person's primary address, if any, or if the person lacks
a primary address, where the person is staying, as required by subdivision 3a. If the person has not registered with the
law enforcement authority, the bureau shall send one copy to that authority.
(d) The corrections agent or law enforcement authority may
require that a person required to register under this section appear before the
agent or authority to be photographed.
The agent or authority shall forward the photograph to the bureau of
Criminal Apprehension.
The agent or authority shall require a person required to
register under this section who is classified as a level III offender under section
244.052 to appear before the agent or authority at least every six months to be
photographed.
(e) During the period a person is required to register under
this section, the following shall provisions apply:
(1) Except for persons registering under subdivision 3a,
the bureau of Criminal Apprehension shall mail a verification form to
the last reported address of the person's residence last
reported primary address. This
verification form shall must provide notice to the offender that,
if the offender does not return the verification form as required, information
about the offender may be made available to the public through electronic,
computerized, or other accessible means.
For persons who are registered under subdivision 3a, the bureau shall
mail an annual verification form to the law enforcement authority where the
offender most recently reported. The
authority shall provide the verification form to the person at the next weekly
meeting and ensure that the person completes and signs the form and returns it
to the bureau.
(2) The person shall mail the signed verification form back to
the bureau of Criminal Apprehension within ten days after receipt of the
form, stating on the form the current and last address of the person's
residence and the other information required under subdivision 4a.
(3) In addition to the requirements listed in this section,
a person who is assigned to risk level II or III under section 244.052, and who
is no longer under correctional supervision for a registration offense, or a
failure to register offense, but who resides, works, or attends school in
Minnesota, shall have an annual in-person contact with a law enforcement
authority as provided in this section.
If the person resides in Minnesota, the annual in-person contact shall
be with the law enforcement authority that has jurisdiction over the person's
primary address or, if the person has no address, the location where the person
is staying. If the person does not reside
in Minnesota but works or attends school in this state, the person shall have
an annual in-person contact with the law enforcement authority or authorities
with jurisdiction over the person's school or workplace. During the month of the person's birth date,
the person shall report to the authority to verify the accuracy of the
registration information and to be photographed. Within three days of this contact, the authority shall enter
information as required by the bureau into the predatory offender registration
database and submit an updated photograph of the person to the bureau's
predatory offender registration unit.
(4) If the person fails to mail the completed and signed
verification form to the bureau of Criminal Apprehension within ten days
after receipt of the form, or if the person fails to report to the law
enforcement authority during the month of the person's birth date, the
person shall be is in violation of this section.
(5) For any person who fails to mail the completed and
signed verification form to the bureau within ten days after receipt of the
form and who has been determined to be a risk level III offender under section
244.052, the bureau shall immediately investigate and notify local law
enforcement authorities to investigate the person's location and to ensure compliance
with this section. The bureau also
shall immediately give notice of the person's violation of this section to the
law enforcement authority having jurisdiction over the person's last registered
address or addresses.
For
persons required to register under subdivision 1 1b, paragraph
(c), following commitment pursuant to a court commitment under section 253B.185
or a similar law of another state or the United States, the bureau shall comply
with clause (1) at least four times each year.
For persons who, under section 244.052, are assigned to risk level
III and who are no longer under correctional supervision for a registration
offense or a failure to register offense, the bureau shall comply with clause
(1) at least two times each year.
For all other persons required to register under this section, the
bureau shall comply with clause (1) each year within 30 days of the anniversary
date of the person's initial registration.
(f) When sending out a verification form, the bureau of
Criminal Apprehension must shall determine whether the person to
whom the verification form is being sent has signed a written consent form as
provided for in paragraph (a). If the
person has not signed such a consent form, the bureau of Criminal
Apprehension must shall send a written consent form to the person
along with the verification form. A
person who receives this written consent form must shall sign and
return it to the bureau of Criminal Apprehension at the same time as the
verification form.
(g) For the purposes of this subdivision, "treatment
facility" means a residential facility, as defined in section 244.052,
subdivision 1, and residential chemical dependency treatment programs and
halfway houses licensed under chapter 245A, including, but not limited to, those
facilities directly or indirectly assisted by any department or agency of the
United States.
Subd. 4a. [INFORMATION
REQUIRED TO BE PROVIDED.] (a) As used in this section:
(1) "motor vehicle" has the meaning given
"vehicle" in section 169.01, subdivision 2;
(2) "primary residence" means any place where the
person resides longer than 14 days or that is deemed a primary residence by a
person's corrections agent, if one is assigned to the person; and
(3) "secondary residence" means any place where
the person regularly stays overnight when not staying at the person's primary
residence, and includes, but is not limited to:
(i) the person's parent's home if the person is a student
and stays at the home at times when the person is not staying at school,
including during the summer; and
(ii) the home of someone with whom the person has a minor
child in common where the child's custody is shared.
(b) A person required to register under this section
shall provide to the corrections agent or law enforcement authority the
following information:
(1) the address of the person's primary residence
address;
(2) the addresses of all of the person's
secondary residences addresses in Minnesota, including all
addresses used for residential or recreational purposes;
(3) the addresses of all Minnesota property owned, leased, or
rented by the person;
(4) the addresses of all locations where the person is
employed;
(5) the addresses of all residences schools where
the person resides while attending school is enrolled; and
(6) the year, model, make, license plate number, and color of
all motor vehicles owned or regularly driven by the person.
(c) (b) The person shall report to the agent or
authority the information required to be provided under paragraph (b) (a),
clauses (2) to (6), within five days of the date the clause becomes
applicable. If because of a change in
circumstances any information reported under paragraph (b) (a),
clauses (1) to (6), no longer applies, the person shall immediately inform the
agent or authority that the information is no longer valid. If the person leaves a primary address
and does not have a new primary address, the person shall register as provided
in subdivision 3a.
Subd. 4b.
[HEALTH CARE FACILITY; NOTICE OF STATUS.] (a) Upon admission to a
health care facility, a person required to register under this section shall
immediately disclose to:
(1) the health care facility employee processing the
admission, the person's status as a registered sex offender under this section;
(2) the person's supervision agent, if the person is under
supervision at the time of admission, that inpatient admission has occurred;
and
(3) the law enforcement authority with whom the person
registers, if the person is subject to registration under this section, that
inpatient admission has occurred.
(b) "Health care facility" means a hospital or
other entity licensed under sections 144.50 to 144.58, nursing facilities
certified for participation in the federal Medicare or Medicaid programs and
licensed as a nursing home under chapter 144A, a boarding care home under
sections 144.50 to 144.56, or a group residential housing facility or an
intermediate care facility for the mentally retarded licensed under chapter
245A.
(c) A person required to inform persons or entities under
paragraph (a), clauses (1) to (3), of the person's status as a registered sex
offender, who knowingly fails to provide this information to the persons or
entities, is guilty of a felony and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both.
Subd. 4c.
[HEALTH CARE FACILITY; LAW ENFORCEMENT NOTIFICATION DUTY.] A law
enforcement authority or corrections agent shall notify the administrator of a
health care facility, as defined in subdivision 4b, as soon as it comes to the
attention of the authority or agent that a person required to register under
this section has been admitted and is receiving health care at the facility.
Subd. 5. [CRIMINAL
PENALTY.] (a) A person required to register under this section who knowingly
violates any of its provisions or intentionally provides false information to a
corrections agent, law enforcement authority, or the bureau of Criminal
Apprehension is guilty of a felony and may be sentenced to imprisonment for
not more than five years or to payment of a fine of not more than $10,000, or
both.
(b) Except as provided in paragraph (c), a person convicted of
violating paragraph (a) shall be committed to the custody of the commissioner
of corrections for not less than a year and a day, nor more than five years.
(c) A person convicted of violating paragraph (a), who has
previously been convicted of or adjudicated delinquent for violating this
section or a similar statute of another state or the United States,
shall be committed to the custody of the commissioner of corrections for not
less than two years, nor more than five years.
(d) Prior to the time of sentencing, the prosecutor may file a
motion to have the person sentenced without regard to the mandatory minimum
sentence established by this subdivision.
The motion shall must be accompanied by a statement on the
record of the reasons for it. When
presented with the motion, or on its own motion, the court may sentence the
person without regard to the mandatory minimum sentence if the court finds
substantial and compelling reasons to do so.
Sentencing a person in the manner described in this paragraph is a departure
from the Sentencing Guidelines.
(e) A person convicted and sentenced as required by this
subdivision is not eligible for probation, parole, discharge, work release, conditional
release, or supervised release, until that person has served the full term
of imprisonment as provided by law, notwithstanding the provisions of sections
241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.
Subd. 6. [REGISTRATION
PERIOD.] (a) Notwithstanding the provisions of section 609.165, subdivision 1,
and except as provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this section until
ten years have elapsed since the person initially registered in connection with
the offense, or until the probation, supervised release, or conditional release
period expires, whichever occurs later.
For a person required to register under this section who is committed
under section 253B.18 or 253B.185, the ten-year registration period does not
include the period of commitment.
(b) If a person required to register under this section fails
to register following a change in residence provide the person's
primary address as required by subdivision 3, paragraph (b), fails to comply
with the requirements of subdivision 3a, fails to provide information as required
by subdivision 4a, or fails to return the verification form referenced in
subdivision 4 within ten days, the commissioner of public safety may
require the person to continue to register for an additional period of five
years. This five-year period is added
to the end of the offender's registration period.
(c) If a person required to register under this section is
subsequently incarcerated following a conviction for a new offense or
following a revocation of probation, supervised release, or conditional
release for that any offense, or a conviction for any new
offense, the person shall continue to register until ten years have elapsed
since the person was last released from incarceration or until the person's
probation, supervised release, or conditional release period expires, whichever
occurs later.
(d) A person shall continue to comply with this section for the
life of that person:
(1) if the person is convicted of or adjudicated delinquent for
any offense for which registration is required under subdivision 1 1b,
or any offense from another state or any federal offense similar to the
offenses described in subdivision 1 1b, and the person has a
prior conviction or adjudication for an offense for which registration was or
would have been required under subdivision 1 1b, or an offense
from another state or a federal offense similar to an offense described in
subdivision 1 1b;
(2) if the person is required to register based upon a
conviction or delinquency adjudication for an offense under section 609.185,
clause (2), or a similar statute from another state or the United States;
(3) if the person is required to register based upon a
conviction for an offense under section 609.342, subdivision 1, paragraph (a),
(c), (d), (e), (f), or (h); 609.343, subdivision 1, paragraph (a), (c), (d),
(e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g); or
609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another
state or the United States similar to the offenses described in this clause; or
(4) if the person is required to register under subdivision 1
1b, paragraph (c), following commitment pursuant to a court commitment
under section 253B.185 or a similar law of another state or the United States.
Subd. 7. [USE OF INFORMATION.]
Except as otherwise provided in subdivision 7a or sections 244.052 and
299C.093, the information provided under this section is private data on
individuals under section 13.02, subdivision 12. The information may be used only for law enforcement purposes.
Subd. 7a. [AVAILABILITY
OF INFORMATION ON OFFENDERS WHO ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.]
(a) The bureau or longer for failure to
provide the of Criminal Apprehension may make information available
to the public about offenders who are 16 years of age or older and who are out
of compliance with this section for 30 days address of the offenders' primary or secondary residences
addresses. This information may
be made available to the public through electronic, computerized, or other
accessible means. The amount and type
of information made available shall be is limited to the
information necessary for the public to assist law enforcement in locating the
offender.
(b) An offender who comes into compliance with this section after
the bureau of Criminal Apprehension discloses information about the
offender to the public may send a written request to the bureau requesting the
bureau to treat information about the offender as private data, consistent with
subdivision 7. The bureau shall review
the request and promptly take reasonable action to treat the data as private,
if the offender has complied with the requirement that the offender provide the
addresses of the offender's primary and secondary residences addresses,
or promptly notify the offender that the information will continue to be
treated as public information and the reasons for the bureau's decision.
(c) If an offender believes the information made public about
the offender is inaccurate or incomplete, the offender may challenge the data
under section 13.04, subdivision 4.
(d) The bureau of Criminal Apprehension is immune from
any civil or criminal liability that might otherwise arise, based on the
accuracy or completeness of any information made public under this subdivision,
if the bureau acts in good faith.
Subd. 8. [LAW
ENFORCEMENT AUTHORITY.] For purposes of this section, a law enforcement
authority means, with respect to a home rule charter or statutory city, the
chief of police, and with respect to an unincorporated area, the sheriff of the
county.
Subd. 9. [OFFENDERS
FROM OTHER STATES.] (a) When the state accepts an offender from another
state under a reciprocal agreement under the interstate compact authorized by
section 243.16, the interstate compact authorized by section 243.1605,
or under any authorized interstate agreement, the acceptance is conditional on
the offender agreeing to register under this section when the offender is
living in Minnesota.
(b) The Bureau of Criminal Apprehension shall notify the
commissioner of corrections:
(1) when the bureau receives notice from a local law
enforcement authority that a person from another state who is subject to this
section has registered with the authority, unless the bureau previously
received information about the offender from the commissioner of corrections;
(2) when a registration authority, corrections agent, or law
enforcement agency in another state notifies the bureau that a person from
another state who is subject to this section is moving to Minnesota; and
(3) when the bureau learns that a person from another state
is in Minnesota and allegedly in violation of subdivision 5 for failure to
register.
(c) When a local law enforcement agency notifies the bureau
of an out-of-state offender's registration, the agency shall provide the bureau
with information on whether the person is subject to community notification in
another state and the risk level the person was assigned, if any.
(d) The bureau must forward all information it receives
regarding offenders covered under this subdivision from sources other than the
commissioner of corrections to the commissioner.
(e) When the bureau receives information directly from a
registration authority, corrections agent, or law enforcement agency in another
state that a person who may be subject to this section is moving to Minnesota,
the bureau must ask whether the person entering the state is subject to
community notification in another state and the risk level the person has been
assigned, if any.
(f) When the bureau learns that a person subject to this
section intends to move into Minnesota from another state or has moved into
Minnesota from another state, the bureau shall notify the law enforcement
authority with jurisdiction in the area of the person's primary address and
provide all information concerning the person that is available to the bureau.
(g) The commissioner of corrections must determine the
parole, supervised release, or conditional release status of persons who are referred
to the commissioner under this subdivision.
If the commissioner determines that a person is subject to parole,
supervised release, or conditional release in another state and is not
registered in Minnesota under the applicable interstate compact, the
commissioner shall inform the local law enforcement agency that the person is
in violation of section 243.161. If the
person is not subject to supervised release, the commissioner shall notify the
bureau and the local law enforcement agency of the person's status.
Subd. 10.
[VENUE; AGGREGATION.] (a) A violation of this section may be
prosecuted in any jurisdiction where an offense takes place. However, the prosecutorial agency in the
jurisdiction where the person last registered a primary address is initially
responsible to review the case for prosecution.
(b) When a person commits two or more offenses in two or
more counties, the accused may be prosecuted for all of the offenses in any
county in which one of the offenses was committed.
Subd. 11.
[CERTIFIED COPIES AS EVIDENCE.] Certified copies of predatory
offender registration records are admissible as substantive evidence when
necessary to prove the commission of a violation of this section.
[EFFECTIVE DATE.] The
provisions of this section, except for subdivision 5a, are effective the day
following final enactment, and apply to persons subject to predatory offender
registration on or after that date, except for subdivision 9, which is
effective July 1, 2005, and subdivision 4, paragraph (e), clause (3), is
effective December 1, 2005. Subdivision
5a is effective August 1, 2005, and applies to crimes committed on or after
that date. Subdivision 6, paragraph (c),
is effective August 1, 2005, and applies to any offense, revocation of probation,
supervised release, or conditional release that occurs on or after that date.
Sec. 4. Minnesota
Statutes 2004, section 243.167, is amended to read:
243.167 [REGISTRATION UNDER THE PREDATORY OFFENDER REGISTRATION
LAW FOR OTHER OFFENSES.]
Subdivision 1.
[DEFINITION.] As used in this section, "crime against the
person" means a violation of any of the following or a similar law of
another state or of the United States:
section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221;
609.222; 609.223; 609.2231; 609.224, subdivision 2 or 4; 609.2242,
subdivision 2 or 4; 609.235; 609.245, subdivision 1; 609.25; 609.255; 609.3451,
subdivision 2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23,
subdivision 2; or any felony-level violation of section 609.229; 609.377;
609.749; or 624.713.
Subd. 2. [WHEN
REQUIRED.] (a) In addition to the requirements of section 243.166, a person
also shall register under section 243.166 if:
(1) the person is convicted of a crime against the person; and
(2) the person was previously convicted of or adjudicated
delinquent for an offense listed in section 243.166, subdivision 1,
paragraph (a), but was not required to register for the offense because the
registration requirements of that section did not apply to the person at the
time the offense was committed or at the time the person was released from
imprisonment.
(b) A person who was previously required to register under
section 243.166 in any state and who has completed the registration
requirements of that section state shall again register under
section 243.166 if the person commits a crime against the person.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 5. Minnesota
Statutes 2004, section 244.05, subdivision 7, is amended to read:
Subd. 7. [SEX
OFFENDERS; CIVIL COMMITMENT DETERMINATION.] (a) Before the commissioner
releases from prison any inmate convicted under sections 609.342 to 609.345 or
sentenced as a patterned offender under section 609.108, and determined by the
commissioner to be in a high risk category, the commissioner shall make a
preliminary determination whether, in the commissioner's opinion, a petition
under section 253B.185 may be appropriate.
The commissioner's opinion must be based on a recommendation of a
Department of Corrections screening committee and a legal review and
recommendation from a representative of the Office of the Attorney General
knowledgeable in the legal requirements of the civil commitment process.
(b) In making this decision, the commissioner shall have access
to the following data only for the purposes of the assessment and referral
decision:
(1) private medical data under section 13.384 or 144.335, or
welfare data under section 13.46 that relate to medical treatment of the
offender;
(2) private and confidential court services data under section
13.84;
(3) private and confidential corrections data under section
13.85; and
(4) private criminal history data under section 13.87.
(c) If the commissioner determines that a petition may be
appropriate, the commissioner shall forward this determination, along with a
summary of the reasons for the determination, to the county attorney in the
county where the inmate was convicted no later than 12 months before the
inmate's release date. If the inmate is
received for incarceration with fewer than 12 months remaining in the inmate's
term of imprisonment, or if the commissioner receives additional information
less than 12 months before release which that makes the inmate's
case appropriate for referral, the commissioner shall forward the determination
as soon as is practicable. Upon
receiving the commissioner's preliminary determination, the county attorney
shall proceed in the manner provided in section 253B.185. The commissioner shall release to the county
attorney all requested documentation maintained by the department.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 6. Minnesota
Statutes 2004, section 244.052, subdivision 3, is amended to read:
Subd. 3.
[END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The commissioner of
corrections shall establish and administer end-of-confinement review committees
at each state correctional facility and at each state treatment facility where
predatory offenders are confined. The
committees shall assess on a case-by-case basis the public risk posed by
predatory offenders who are about to be released from confinement.
(b) Each committee shall be a standing
committee and shall consist of the following members appointed by the
commissioner:
(1) the chief executive officer or head of the correctional or
treatment facility where the offender is currently confined, or that person's
designee;
(2) a law enforcement officer;
(3) a treatment professional who is trained in the assessment
of sex offenders;
(4) a caseworker experienced in supervising sex offenders; and
(5) a victim's services professional.
Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the commissioner to two-year
terms. The chief executive officer or
head of the facility or designee shall act as chair of the committee and shall
use the facility's staff, as needed, to administer the committee, obtain
necessary information from outside sources, and prepare risk assessment reports
on offenders.
(c) The committee shall have access to the following data on a
predatory offender only for the purposes of its assessment and to defend the
committee's risk assessment determination upon administrative review under this
section:
(1) private medical data under section 13.384 or 144.335, or
welfare data under section 13.46 that relate to medical treatment of the
offender;
(2) private and confidential court services data under section
13.84;
(3) private and confidential corrections data under section
13.85; and
(4) private criminal history data under section 13.87.
Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as provided under
section 13.05, subdivision 3 or 4. The
predatory offender has access to data on the offender collected and maintained
by the committee, unless the data are confidential data received under this
paragraph.
(d)(i) Except as otherwise provided in item (ii), at least 90
days before a predatory offender is to be released from confinement, the
commissioner of corrections shall convene the appropriate end-of-confinement
review committee for the purpose of assessing the risk presented by the
offender and determining the risk level to which the offender shall be assigned
under paragraph (e). The offender and
the law enforcement agency that was responsible for the charge resulting in
confinement shall be notified of the time and place of the committee's
meeting. The offender has a right to be
present and be heard at the meeting.
The law enforcement agency may provide material in writing that is
relevant to the offender's risk level to the chair of the committee. The committee shall use the risk factors
described in paragraph (g) and the risk assessment scale developed under
subdivision 2 to determine the offender's risk assessment score and risk
level. Offenders scheduled for release
from confinement shall be assessed by the committee established at the facility
from which the offender is to be released.
(ii) If an offender is received for confinement in a facility
with less than 90 days remaining in the offender's term of confinement, the
offender's risk shall be assessed at the first regularly scheduled end of
confinement review committee that convenes after the appropriate documentation
for the risk assessment is assembled by the committee. The commissioner shall make reasonable
efforts to ensure that offender's risk is assessed and a risk level is assigned
or reassigned at least 30 days before the offender's release date.
(e) The committee shall assign to risk level
I a predatory offender whose risk assessment score indicates a low risk of
reoffense. The committee shall assign
to risk level II an offender whose risk assessment score indicates a moderate
risk of reoffense. The committee shall
assign to risk level III an offender whose risk assessment score indicates a
high risk of reoffense.
(f) Before the predatory offender is released from confinement,
the committee shall prepare a risk assessment report which specifies the risk
level to which the offender has been assigned and the reasons underlying the
committee's risk assessment decision.
The committee shall give the report to the offender and to the law
enforcement agency at least 60 days before an offender is released from
confinement. If the risk assessment is
performed under the circumstances described in paragraph (d), item (ii), the
report shall be given to the offender and the law enforcement agency as soon as
it is available. The committee also
shall inform the offender of the availability of review under subdivision 6.
(g) As used in this subdivision, "risk factors"
includes, but is not limited to, the following factors:
(1) the seriousness of the offense should the offender
reoffend. This factor includes
consideration of the following:
(i) the degree of likely force or harm;
(ii) the degree of likely physical contact; and
(iii) the age of the likely victim;
(2) the offender's prior offense history. This factor includes consideration of the
following:
(i) the relationship of prior victims to the offender;
(ii) the number of prior offenses or victims;
(iii) the duration of the offender's prior offense history;
(iv) the length of time since the offender's last prior offense
while the offender was at risk to commit offenses; and
(v) the offender's prior history of other antisocial acts;
(3) the offender's characteristics. This factor includes consideration of the following:
(i) the offender's response to prior treatment efforts; and
(ii) the offender's history of substance abuse;
(4) the availability of community supports to the
offender. This factor includes
consideration of the following:
(i) the availability and likelihood that the offender will be
involved in therapeutic treatment;
(ii) the availability of residential supports to the offender,
such as a stable and supervised living arrangement in an appropriate location;
(iii) the offender's familial and social
relationships, including the nature and length of these relationships and the
level of support that the offender may receive from these persons; and
(iv) the offender's lack of education or employment stability;
(5) whether the offender has indicated or credible evidence in
the record indicates that the offender will reoffend if released into the
community; and
(6) whether the offender demonstrates a physical condition that
minimizes the risk of reoffense, including but not limited to, advanced age or
a debilitating illness or physical condition.
(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of reassessing the risk
level to which an offender has been assigned under paragraph (e). In a request for a reassessment, the law
enforcement agency which was responsible for the charge resulting in
confinement or agent shall list the facts and circumstances arising after the
initial assignment or facts and circumstances known to law enforcement or the
agent but not considered by the committee under paragraph (e) which support the
request for a reassessment. The request
for reassessment by the law enforcement agency must occur within 30 days of
receipt of the report indicating the offender's risk level assignment. The offender's corrections agent, in
consultation with the chief law enforcement officer in the area where the
offender resides or intends to reside, may request a review of a risk level at
any time if substantial evidence exists that the offender's risk level should
be reviewed by an end-of-confinement review committee. This evidence includes, but is not limited
to, evidence of treatment failures or completions, evidence of exceptional
crime-free community adjustment or lack of appropriate adjustment, evidence of
substantial community need to know more about the offender or mitigating
circumstances that would narrow the proposed scope of notification, or other
practical situations articulated and based in evidence of the offender's
behavior while under supervision. Upon
review of the request, the end-of-confinement review committee may reassign an
offender to a different risk level. If
the offender is reassigned to a higher risk level, the offender has the right
to seek review of the committee's determination under subdivision 6.
(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after three years have
elapsed since the committee's initial risk assessment and may renew the request
once every two years following subsequent denials. In a request for reassessment, the offender shall list the facts
and circumstances which demonstrate that the offender no longer poses the same
degree of risk to the community. In
order for a request for a risk level reduction to be granted, the offender must
demonstrate full compliance with supervised release conditions, completion of
required post-release treatment programming, and full compliance with all
registration requirements as detailed in section 243.166. The offender must also not have been
convicted of any felony, gross misdemeanor, or misdemeanor offenses subsequent
to the assignment of the original risk level.
The committee shall follow the process outlined in paragraphs (a) to (c)
in the reassessment. An offender who is
incarcerated may not request a reassessment under this paragraph.
(j) Offenders returned to prison as release violators shall not
have a right to a subsequent risk reassessment by the end-of-confinement review
committee unless substantial evidence indicates that the offender's risk to the
public has increased.
(k) 244.10,
subdivision 2a. The policies and
procedures of the committee for federal offenders and interstate compact cases
must be in accordance with all requirements as set forth in this section,
unless restrictions caused by the nature of federal or interstate transfers
prevents such conformance. The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who are released from a
federal correctional facility in Minnesota or another state and who intend to
reside in Minnesota, and to offenders accepted from another state under a
reciprocal agreement for parole supervision under the interstate compact
authorized by section 243.16. The
committee shall make reasonable efforts to conform to the same timelines as
applied to Minnesota cases. Offenders
accepted from another state under a reciprocal agreement for probation
supervision are not assigned a risk level, but are considered downward
dispositional departures. The probation
or court services officer and law enforcement officer shall manage such cases
in accordance with section
(l) If the committee assigns a predatory offender to
risk level III, the committee shall determine whether residency restrictions
shall be included in the conditions of the offender's release based on the
offender's pattern of offending behavior.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, and applies to persons subject to community
notification on or after that date.
Sec. 7. Minnesota
Statutes 2004, section 244.052, is amended by adding a subdivision to read:
Subd. 3a.
[OFFENDERS FROM OTHER STATES AND OFFENDERS RELEASED FROM FEDERAL
FACILITIES.] (a) Except as provided in paragraph (b), the commissioner shall
establish an end-of-confinement review committee to assign a risk level:
(1) to offenders who are released from a federal
correctional facility in Minnesota or a federal correctional facility in
another state and who intend to reside in Minnesota;
(2) to offenders who are accepted from another state under
the interstate compact authorized by section 243.16 or 243.1605 or any other
authorized interstate agreement; and
(3) to offenders who are referred to the committee by local
law enforcement agencies under paragraph (f).
(b) This subdivision does not require
the commissioner to convene an end-of-confinement review committee for a person
coming into Minnesota who is subject to probation under another state's
law. The probation or court services
officer and law enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a.
(c) The committee shall make reasonable efforts to conform
to the same timelines applied to offenders released from a Minnesota
correctional facility and shall collect all relevant information and records on
offenders assessed and assigned a risk level under this subdivision. However, for offenders who were assigned the
most serious risk level by another state, the committee must act promptly to
collect the information required under this paragraph.
The end-of-confinement review committee must proceed in
accordance with all requirements set forth in this section and follow all
policies and procedures applied to offenders released from a Minnesota
correctional facility in reviewing information and assessing the risk level of
offenders covered by this subdivision, unless restrictions caused by the nature
of federal or interstate transfers prevent such conformance. All of the provisions of this section apply
to offenders who are assessed and assigned a risk level under this subdivision.
(d) If a local law enforcement agency learns or suspects
that a person who is subject to this section is living in Minnesota and a risk
level has not been assigned to the person under this section, the law
enforcement agency shall provide this information to the Bureau of Criminal
Apprehension and the commissioner of corrections within three business days.
(e) If the commissioner receives reliable information from a
local law enforcement agency or the bureau that a person subject to this
section is living in Minnesota and a local law enforcement agency so requests,
the commissioner must determine if the person was assigned a risk level under a
law comparable to this section. If the
commissioner determines that the law is comparable and public safety warrants,
the commissioner, within three business days of receiving a request, shall
notify the local law enforcement agency that it may, in consultation with the
department, proceed with notification under subdivision 4 based on the person's
out-of-state risk level. However, if the commissioner
concludes that the offender is from a state with a risk level assessment law
that is not comparable to this section, the extent of the notification may not
exceed that of a risk level II offender under subdivision 4, paragraph (b),
unless the requirements of paragraph (f) have been met. If an assessment is requested from the
end-of-confinement review committee under paragraph (f), the local law
enforcement agency may continue to disclose information under subdivision 4
until the committee assigns the person a risk level. After the committee assigns a risk level to an offender pursuant
to a request made under paragraph (f), the information disclosed by law
enforcement shall be consistent with the risk level assigned by the
end-of-confinement review committee.
The commissioner of corrections, in consultation with legal advisers,
shall determine whether the law of another state is comparable to this section.
(f) If the local law enforcement agency wants to make a
broader disclosure than is authorized under paragraph (e), the law enforcement
agency may request that an end-of-confinement review committee assign a risk
level to the offender. The local law
enforcement agency shall provide to the committee all information concerning
the offender's criminal history, the risk the offender poses to the community,
and other relevant information. The
department shall attempt to obtain other information relevant to determining
which risk level to assign the offender.
The committee shall promptly assign a risk level to an offender referred
to the committee under this paragraph.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, and applies to persons subject to community
notification on or after that date.
Sec. 8. Minnesota
Statutes 2004, section 244.052, subdivision 4, is amended to read:
Subd. 4. [LAW
ENFORCEMENT AGENCY; DISCLOSURE OF INFORMATION TO PUBLIC.] (a) The law
enforcement agency in the area where the predatory offender resides, expects to
reside, is employed, or is regularly found, shall disclose to the public any
information regarding the offender contained in the report forwarded to the
agency under subdivision 3, paragraph (f), that is relevant and necessary to
protect the public and to counteract the offender's dangerousness, consistent
with the guidelines in paragraph (b).
The extent of the information disclosed and the community to whom
disclosure is made must relate to the level of danger posed by the offender, to
the offender's pattern of offending behavior, and to the need of community
members for information to enhance their individual and collective safety.
(b) The law enforcement agency shall employ the following
guidelines in determining the scope of disclosure made under this subdivision:
(1) if the offender is assigned to risk level I, the agency may
maintain information regarding the offender within the agency and may disclose
it to other law enforcement agencies.
Additionally, the agency may disclose the information to any victims of
or witnesses to the offense committed by the offender. The agency shall
disclose the information to victims of the offense committed by the offender
who have requested disclosure and to adult members of the offender's immediate
household;
(2) if the offender is assigned to risk level II, the agency
also may disclose the information to agencies and groups that the offender is
likely to encounter for the purpose of securing those institutions and
protecting individuals in their care while they are on or near the premises of
the institution. These agencies and
groups include the staff members of public and private educational institutions,
day care establishments, and establishments and organizations that primarily
serve individuals likely to be victimized by the offender. The agency also may disclose the information
to individuals the agency believes are likely to be victimized by the
offender. The agency's belief shall be
based on the offender's pattern of offending or victim preference as documented
in the information provided by the department of corrections or human services;
(3) if the offender is assigned to risk level III, the agency
shall disclose the information to the persons and entities described in clauses
(1) and (2) and to other members of the community whom the offender is likely
to encounter, unless the law enforcement agency determines that public safety
would be compromised by the disclosure or that a more limited disclosure is
necessary to protect the identity of the victim.
Notwithstanding the assignment of a predatory offender to risk
level II or III, a law enforcement agency may not make the disclosures
permitted or required by clause (2) or (3), if: the offender is placed or resides in a residential facility. However, if an offender is placed or resides
in a residential facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the facility and
the head of the facility shall notify the commissioner of corrections or the
commissioner of human services of the offender's likely residence at least 14
days before the offender's scheduled release date. The commissioner shall give this information to the law
enforcement agency having jurisdiction over the offender's likely
residence. The head of the residential
facility also shall notify the commissioner of corrections or human services
within 48 hours after finalizing the offender's approved relocation plan to a
permanent residence. Within five days
after receiving this notification, the appropriate commissioner shall give to
the appropriate law enforcement agency all relevant information the commissioner
has concerning the offender, including information on the risk factors in the
offender's history and the risk level to which the offender was assigned. After receiving this information, the law
enforcement agency shall make the disclosures permitted or required by clause
(2) or (3), as appropriate.
(c) As used in paragraph (b), clauses (2) and (3), "likely
to encounter" means that:
(1) the organizations or community members are in a location or
in close proximity to a location where the offender lives or is employed, or
which the offender visits or is likely to visit on a regular basis, other than
the location of the offender's outpatient treatment program; and
(2) the types of interaction which ordinarily occur at that
location and other circumstances indicate that contact with the offender is
reasonably certain.
(d) A law enforcement agency or official who discloses
information under this subdivision shall make a good faith effort to make the
notification within 14 days of receipt of a confirmed address from the
Department of Corrections indicating that the offender will be, or has been,
released from confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change occurs in the release plan, this notification
provision does not require an extension of the release date.
(e) A law enforcement agency or official who discloses
information under this subdivision shall not disclose the identity or any
identifying characteristics of the victims of or witnesses to the offender's
offenses.
(f) A law enforcement agency shall continue to disclose
information on an offender as required by this subdivision for as long as the
offender is required to register under section 243.166. This requirement on a law enforcement
agency to continue to disclose information also applies to an offender who
lacks a primary address and is registering under section 243.166, subdivision
3a.
(g) A law enforcement agency that is disclosing information on
an offender assigned to risk level III to the public under this subdivision
shall inform the commissioner of corrections what information is being
disclosed and forward this information to the commissioner within two days of
the agency's determination. The commissioner
shall post this information on the Internet as required in subdivision 4b.
(h) A city council may adopt a policy that addresses when
information disclosed under this subdivision must be presented in languages in
addition to English. The policy may
address when information must be presented orally, in writing, or both in
additional languages by the law enforcement agency disclosing the
information. The policy may provide for
different approaches based on the prevalence of non-English languages in
different neighborhoods.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to persons
subject to community notification on or after that date.
Sec. 9. Minnesota
Statutes 2004, section 244.052, is amended by adding a subdivision to read:
Subd. 4c. [LAW
ENFORCEMENT AGENCY; DISCLOSURE OF INFORMATION TO A HEALTH CARE FACILITY.] (a)
The law enforcement agency in the area where a health care facility is located
shall disclose the registrant status of any sex offender registered under
section 243.166 to the health care facility if the registered offender is
receiving inpatient care in that facility.
(b) "Health care facility" means a hospital or
other entity licensed under sections 144.50 to 144.58, nursing facilities
certified for participation in the federal Medicare or Medicaid programs and
licensed as a nursing home under chapter 144A, a boarding care home under
sections 144.50 to 144.56, or a group residential housing facility or an
intermediate care facility for the mentally retarded licensed under chapter
245A.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 10. Minnesota
Statutes 2004, section 626.556, subdivision 3, is amended to read:
Subd. 3. [PERSONS
MANDATED TO REPORT.] (a) A person who knows or has reason to believe a child is
being neglected or physically or sexually abused, as defined in subdivision 2,
or has been neglected or physically or sexually abused within the preceding
three years, shall immediately report the information to the local welfare
agency, agency responsible for assessing or investigating the report, police
department, or the county sheriff if the person is:
(1) a professional or professional's delegate who is engaged in
the practice of the healing arts, social services, hospital administration,
psychological or psychiatric treatment, child care, education, probation and
correctional services, or law enforcement; or
(2) employed as a member of the clergy and received the
information while engaged in ministerial duties, provided that a member of the
clergy is not required by this subdivision to report information that is
otherwise privileged under section 595.02, subdivision 1, paragraph (c).
The police department or the county sheriff, upon receiving a
report, shall immediately notify the local welfare agency or agency responsible
for assessing or investigating the report, orally and in writing. The local welfare agency, or agency
responsible for assessing or investigating the report, upon receiving a report,
shall immediately notify the local police department or the county sheriff
orally and in writing. The county
sheriff and the head of every local welfare agency, agency responsible for
assessing or investigating reports, and police department shall each designate
a person within their agency, department, or office who is responsible for
ensuring that the notification duties of this paragraph and paragraph (b) are
carried out. Nothing in this
subdivision shall be construed to require more than one report from any
institution, facility, school, or agency.
(b) Any person may voluntarily report to the local welfare
agency, agency responsible for assessing or investigating the report, police
department, or the county sheriff if the person knows, has reason to believe,
or suspects a child is being or has been neglected or subjected to physical or
sexual abuse. The police department or
the county sheriff, upon receiving a report, shall immediately notify the local
welfare agency or agency responsible for assessing or investigating the report,
orally and in writing. The local
welfare agency or agency responsible for assessing or investigating the report,
upon receiving a report, shall immediately notify the local police department
or the county sheriff orally and in writing.
(c) A person mandated to report physical or sexual child abuse
or neglect occurring within a licensed facility shall report the information to
the agency responsible for licensing the facility under sections 144.50 to
144.58; 241.021; 245A.01 to 245A.16; or chapter 245B; or a nonlicensed personal
care provider organization as defined in sections 256B.04, subdivision
16; and 256B.0625, subdivision 19. A
health or corrections agency receiving a report may request the local welfare
agency to provide assistance pursuant to subdivisions 10, 10a, and 10b. A board or other entity whose licensees
perform work within a school facility, upon receiving a complaint of alleged
maltreatment, shall provide information about the circumstances of the alleged
maltreatment to the commissioner of education.
Section 13.03, subdivision 4, applies to data received by the
commissioner of education from a licensing entity.
(d) Any person mandated to report shall receive a summary of
the disposition of any report made by that reporter, including whether the case
has been opened for child protection or other services, or if a referral has
been made to a community organization, unless release would be detrimental to
the best interests of the child. Any
person who is not mandated to report shall, upon request to the local welfare
agency, receive a concise summary of the disposition of any report made by that
reporter, unless release would be detrimental to the best interests of
the child.
(e) For purposes of this subdivision, "immediately"
means as soon as possible but in no event longer than 24 hours.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 11. [REVISOR'S
INSTRUCTION.]
The revisor of statutes shall change all references to
Minnesota Statutes, section 243.166, subdivision 1, in Minnesota Statutes to
section 243.166. In addition, the
revisor shall make other technical changes necessitated by this article.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 12. [REPEALER.]
Minnesota Statutes 2004, section 243.166, subdivisions 1 and
8, are repealed.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
ARTICLE
5
HUMAN
SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY
Section 1. Minnesota
Statutes 2004, section 243.166, subdivision 7, is amended to read:
Subd. 7. [USE OF INFORMATION
DATA.] Except as otherwise provided in subdivision 7a or sections
244.052 and 299C.093, the information data provided under this
section is private data on individuals under section 13.02, subdivision
12. The information data
may be used only for law enforcement and corrections purposes. State-operated services, as defined in
section 246.014, are also authorized to have access to the data for the
purposes described in section 246.13, subdivision 2, paragraph (c).
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 2. Minnesota
Statutes 2004, section 246.13, is amended to read:
246.13 [RECORD RECORDS OF PATIENTS AND RESIDENTS IN
RECEIVING STATE-OPERATED SERVICES.]
Subdivision 1.
[POWERS, DUTIES, AND AUTHORITY OF COMMISSIONER.] (a) The
commissioner of human services' office shall have, accessible only by consent
of the commissioner or on the order of a judge or court of record, a record
showing the residence, sex, age, nativity, occupation, civil condition, and
date of entrance or commitment of every person, in the state-operated services
facilities as defined under section 246.014 under exclusive control of the
commissioner; the date of discharge and whether such discharge was final; the
condition of the person when the person left the state-operated services
facility; the vulnerable adult abuse prevention associated with the person;
and the date and cause of all deaths.
The record shall state every transfer from one state-operated services
facility to another, naming each state-operated services facility. This information shall be furnished to the
commissioner of human services by each public agency, along with other
obtainable facts as the commissioner may require. When a patient or resident in a state-operated services facility
is discharged, transferred, or dies, the head of the state-operated services
facility or designee shall inform the commissioner of human services of these
events within ten days on forms furnished by the commissioner.
(b) The commissioner of human services shall cause to be
devised, installed, and operated an adequate system of records and statistics
which shall consist of all basic record forms, including patient personal
records and medical record forms, and the manner of their use shall be
precisely uniform throughout all state-operated services facilities.
Subd. 2.
[DEFINITIONS; RISK ASSESSMENT AND MANAGEMENT.] (a) As used in this
section:
(1) "appropriate and necessary medical and other
records" includes patient medical records and other protected health
information as defined by Code of Federal Regulations, title 45, section
164.501, relating to a patient in a state-operated services facility including,
but not limited to, the patient's treatment plan and abuse prevention plan that
is pertinent to the patient's ongoing care, treatment, or placement in a
community-based treatment facility or a health care facility that is not
operated by state-operated services, and includes information describing the
level of risk posed by a patient when the patient enters such a facility;
(2) "community-based
treatment" means the community support services listed in section 253B.02,
subdivision 4b;
(3) "criminal history data" means those data
maintained by the Departments of Corrections and Public Safety and by the
supervisory authorities listed in section 13.84, subdivision 1, that relate to
an individual's criminal history or propensity for violence; including data in
the Corrections Offender Management System (COMS) and Statewide Supervision
System (S3) maintained by the Department of Corrections; the Criminal Justice
Information System (CJIS) and the Predatory Offender Registration (POR) system
maintained by the Department of Public Safety; and the CriMNet system;
(4) "designated agency" means the agency defined
in section 253B.02, subdivision 5;
(5) "law enforcement agency" means the law
enforcement agency having primary jurisdiction over the location where the
offender expects to reside upon release;
(6) "predatory offender" and "offender"
mean a person who is required to register as a predatory offender under section
243.166; and
(7) "treatment facility" means a facility as
defined in section 253B.02, subdivision 19.
(b) To promote public safety and for the
purposes and subject to the requirements of paragraph (c), the commissioner or
the commissioner's designee shall have access to, and may review and disclose,
medical and criminal history data as provided by this section.
(c) The commissioner or the commissioner's designee shall
disseminate data to designated treatment facility staff, special review board
members, and end-of-confinement review committee members in accordance with
Minnesota Rules, part 1205.0400, to:
(1) determine whether a patient is required under state law
to register as a predatory offender according to section 244.166;
(2) facilitate and expedite the responsibilities of the
special review board and end-of-confinement review committees by corrections
institutions and state treatment facilities;
(3) prepare, amend, or revise the abuse prevention plans
required under section 626.557, subdivision 14, and individual patient treatment
plans required under section 253B.03, subdivision 7;
(4) facilitate changes of custody and transfers of
individuals between the Department of Corrections and the Department of Human
Services; and
(5) facilitate the exchange of data between the Department
of Corrections, the Department of Human Services, and any of the supervisory
authorities listed in section 13.84, regarding an individual under the
authority of one or more of these entities.
(d) The commissioner may have access to the National Crime
Information Center (NCIC) database, through the Department of Public Safety, in
support of the law enforcement function described in paragraph (c).
Subd. 3.
[COMMUNITY-BASED TREATMENT AND MEDICAL TREATMENT.] (a) When a patient
under the care and supervision of state-operated services is released to a
community-based treatment facility or facility that provides health care
services, state-operated services may disclose all appropriate and necessary
health and other information relating to the patient.
(b) The information that must be provided to the designated
agency, community-based treatment facility, or facility that provides health
care services includes, but is not limited to, the patient's abuse prevention
plan required under section 626.557, subdivision 14, paragraph (b).
Subd. 4.
[PREDATORY OFFENDER REGISTRATION NOTIFICATION.] (a) When a
state-operated facility determines that a patient is required under section
243.166, subdivision 1, to register as a predatory offender or, under section
243.166, subdivision 4a, to provide notice of a change in status, the facility
shall provide written notice to the patient of the requirement.
(b) If the patient refuses, is unable, or lacks capacity to
comply with the requirement described in paragraph (a) within five days after
receiving the notification of the duty to comply, state-operated services staff
shall obtain and disclose the necessary data to complete the registration form
or change of status notification for the patient. The treatment facility shall also forward the registration or
change of status data that it completes to the Bureau of Criminal Apprehension
and, as applicable, the patient's corrections agent and the law enforcement
agency in the community in which the patient currently resides. If, after providing notification, the
patient refuses to comply with the requirements described in paragraph (a), the
treatment facility shall also notify the county attorney in the county in which
the patient is currently residing of the refusal.
(c) The duties of state-operated services
described in this subdivision do not relieve the patient of the ongoing
individual duty to comply with the requirements of section 243.166.
Subd. 5.
[LIMITATIONS ON USE OF BLOODBORNE PATHOGEN TEST RESULTS.] Sections
246.71, 246.711, 246.712, 246.713, 246.714, 246.715, 246.716, 246.717, 246.718,
246.719, 246.72, 246.721, and 246.722 apply to state-operated services
facilities.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 3. Minnesota
Statutes 2004, section 253B.18, subdivision 4a, is amended to read:
Subd. 4a. [RELEASE ON
PASS; NOTIFICATION.] A patient who has been committed as a person who is
mentally ill and dangerous and who is confined at a secure treatment facility or
has been transferred out of a state-operated services facility according to
section 253B.18, subdivision 6, shall not be released on a pass unless the
pass is part of a pass plan that has been approved by the medical director of
the secure treatment facility. The pass
plan must have a specific therapeutic purpose consistent with the treatment
plan, must be established for a specific period of time, and must have specific
levels of liberty delineated. The
county case manager must be invited to participate in the development of the
pass plan. At least ten days prior to a
determination on the plan, the medical director shall notify the designated
agency, the committing court, the county attorney of the county of commitment,
an interested person, the local law enforcement agency where the facility is
located, the local law enforcement agency in the location where the pass is
to occur, the petitioner, and the petitioner's counsel of the plan, the nature
of the passes proposed, and their right to object to the plan. If any notified person objects prior to the
proposed date of implementation, the person shall have an opportunity to
appear, personally or in writing, before the medical director, within ten days
of the objection, to present grounds for opposing the plan. The pass plan shall not be implemented until
the objecting person has been furnished that opportunity. Nothing in this subdivision shall be
construed to give a patient an affirmative right to a pass plan.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 4. Minnesota
Statutes 2004, section 299C.093, is amended to read:
299C.093 [DATABASE OF REGISTERED PREDATORY OFFENDERS.]
The superintendent of the Bureau of Criminal Apprehension shall
maintain a computerized data system relating to individuals required to
register as predatory offenders under section 243.166. To the degree feasible, the system must
include the information data required to be provided under
section 243.166, subdivisions 4 and 4a, and indicate the time period that the
person is required to register. The
superintendent shall maintain this information data in a manner
that ensures that it is readily available to law enforcement agencies. This information data is
private data on individuals under section 13.02, subdivision 12, but may be
used for law enforcement and corrections purposes. State-operated services, as defined in section 246.014, are
also authorized to have access to the data for the purposes described in
section 246.13, subdivision 2, paragraph (c).
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 5. Minnesota
Statutes 2004, section 609.2231, subdivision 3, is amended to read:
Subd. 3. [CORRECTIONAL
EMPLOYEES; PROBATION OFFICERS.] Whoever commits either of the following acts
against an employee of a correctional facility as defined in section 241.021,
subdivision 1, paragraph (f), or an employee or other individual who
provides care or treatment at a treatment facility as defined in section
252.025, subdivision 7, or 253B.02, subdivision 18a, or against a probation
officer or other qualified person employed
in supervising offenders while the employee, officer, or person is engaged in
the performance of a duty imposed by law, policy, or rule is guilty of a felony
and may be sentenced to imprisonment for not more than two years or to payment
of a fine of not more than $4,000, or both:
(1) assaults the employee person and inflicts
demonstrable bodily harm; or
(2) intentionally throws or otherwise transfers bodily fluids or
feces at or onto the employee person.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 6. Minnesota
Statutes 2004, section 626.557, subdivision 14, is amended to read:
Subd. 14. [ABUSE
PREVENTION PLANS.] (a) Each facility, except home health agencies and personal
care attendant services providers, shall establish and enforce an ongoing
written abuse prevention plan. The plan
shall contain an assessment of the physical plant, its environment, and its
population identifying factors which may encourage or permit abuse, and a
statement of specific measures to be taken to minimize the risk of abuse. The plan shall comply with any rules
governing the plan promulgated by the licensing agency.
(b) Each facility, including a home health care agency and
personal care attendant services providers, shall develop an individual abuse
prevention plan for each vulnerable adult residing there or receiving services
from them. The plan shall contain an individualized
assessment of both the person's susceptibility to abuse by other
individuals, including other vulnerable adults, and the potential risks
posed by the person to the other patients, to facility staff, and to others;
and a statement of the specific measures to be taken to minimize the risk
of abuse to that person and others.
For the purposes of this clause, the term "abuse" includes
self-abuse.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 7. [REPEALER.]
Minnesota Statutes 2004, section 246.017, subdivision 1, is
repealed.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
ARTICLE
6
HUMAN
SERVICES BACKGROUND STUDIES
Section 1. Minnesota
Statutes 2004, section 13.461, is amended by adding a subdivision to read:
Subd. 29.
[DISQUALIFICATION FROM DIRECT CONTACT.] The classification of data
about individuals disqualified from providing direct contact services is
governed by section 245C.22, subdivision 7.
Sec. 2. Minnesota
Statutes 2004, section 13.461, is amended by adding a subdivision to read:
Subd. 30.
[SET-ASIDE DATA.] Disclosure of data relating to individuals who have
obtained a set-aside of the disqualification is governed by section 245C.22,
subdivision 7.
Sec. 3. Minnesota
Statutes 2004, section 13.461, is amended by adding a subdivision to read:
Subd. 31.
[VARIANCE DATA.] Disclosure of data relating to disqualified
individuals as to whom a variance has been obtained by the individual's
employer is governed by section 245C.30, subdivision 2.
Sec. 4.
Minnesota Statutes 2004, section 245C.03, subdivision 1, is amended to
read:
Subdivision 1.
[LICENSED PROGRAMS.] (a) The commissioner shall conduct a background
study on:
(1) the person or persons applying for a license;
(2) an individual age 13 and over living in the household where
the licensed program will be provided;
(3) current or prospective employees or contractors of
the applicant who will have direct contact with persons served by the facility,
agency, or program;
(4) volunteers or student volunteers who
will have direct contact with persons served by the program to provide program
services if the contact is not under the continuous, direct supervision by an
individual listed in clause (1) or (3);
(5) an individual age ten to 12 living in the household where
the licensed services will be provided when the commissioner has reasonable
cause;
(6) an individual who, without providing direct contact
services at a licensed program, may have unsupervised access to children or
vulnerable adults receiving services from a program licensed to provide:
(i) family child care for children;
(ii) foster care for children in the provider's own home; or
(iii) foster care or day care services for adults in the
provider's own home; and
(7) all managerial officials as defined under section 245A.02,
subdivision 5a.
The commissioner must have
reasonable cause to study an individual under this subdivision.
(b) For family child foster care settings, a short-term
substitute caregiver providing direct contact services for a child for less
than 72 hours of continuous care is not required to receive a background study
under this chapter.
Sec. 5. Minnesota
Statutes 2004, section 245C.13, subdivision 2, is amended to read:
Subd. 2. [DIRECT
CONTACT PENDING COMPLETION OF BACKGROUND STUDY.] Unless otherwise specified,
the subject of a background study may have direct contact with persons served
by a program after the background study form is mailed or submitted to the
commissioner pending notification of the study results under section 245C.17.
The subject of a background study may not perform any activity requiring a
background study under paragraph (b) until the commissioner has issued one of
the notices under paragraph (a).
(a) Notices from the commissioner required prior to activity
under paragraph (b) include:
(1) a notice of the study results under section 245C.17
stating that:
(i) the individual is not disqualified; or
(ii) more time is needed to complete the study but the
individual is not required to be removed from direct contact or access to
people receiving services prior to completion of the study as provided under
section 245A.17, paragraph (c);
(2) a notice that a disqualification has
been set aside under section 245C.23; or
(3) a notice that a variance has been granted related to the
individual under section 245C.30.
(b) Activities prohibited prior to receipt of notice under
paragraph (a) include:
(1) being issued a license;
(2) living in the household where the licensed program will
be provided;
(3) providing direct contact services to persons served by a
program unless the subject is under continuous direct supervision; or
(4) having access to persons receiving services if the
background study was completed under section 144.057, subdivision 1, or
245C.03, subdivision 1, paragraph (a), clause (2), (5), or (6), unless the
subject is under continuous direct supervision.
Sec. 6. Minnesota
Statutes 2004, section 245C.15, subdivision 1, is amended to read:
Subdivision 1.
[PERMANENT DISQUALIFICATION.] (a) An individual is disqualified under
section 245C.14 if: (1) regardless of
how much time has passed since the discharge of the sentence imposed, if
any, for the offense; and (2) unless otherwise specified, regardless of the
level of the conviction offense, the individual is convicted
of has committed any of the following offenses: sections 152.021 (controlled substance
crime in the first degree); 152.022 (controlled substance crime in the second
degree); 152.023 (controlled substance crime in the third degree); 152.024
(controlled substance crime in the fourth degree); 152.0261 (importing
controlled substances across state lines); 609.165 (certain convicted felons
ineligible to possess firearms); 609.185 (murder in the first degree);
609.19 (murder in the second degree); 609.195 (murder in the third degree);
609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second
degree); 609.21 (criminal vehicular homicide and injury); 609.221 or
(assault in the first degree); 609.222 (assault in the first or
second degree); 609.223 (assault in the third degree); a felony offense
under sections 609.2242 and 609.2243 (domestic assault), spousal abuse, child
abuse or neglect, or a crime against children; 609.228 (great bodily harm
caused by distribution of drugs); an offense punishable as a felony under
609.229 (crime committed for the benefit of a gang); 609.235 (use of drugs to
injure or facilitate a crime); 609.24 (simple robbery); 609.245 (aggravated
robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.2661
(murder of an unborn child in the first degree); 609.2662 (murder of an unborn
child in the second degree); 609.2663 (murder of an unborn child in the third
degree); 609.2664 (manslaughter of an unborn child in the first degree);
609.2665 (manslaughter of an unborn child in the second degree); 609.267
(assault of an unborn child in the first degree); 609.2671 (assault of an
unborn child in the second degree); 609.268 (injury or death of an unborn child
in commission of a crime); 609.322 (solicitation, inducement, and promotion
of prostitution); a felony offense under 609.324, subdivision 1 (other
prohibited acts); 609.342 (criminal sexual conduct in the first degree);
609.343 (criminal sexual conduct in the second degree); 609.344 (criminal
sexual conduct in the third degree); 609.345 (criminal sexual conduct in the
fourth degree); 609.3451 (criminal sexual conduct in the fifth degree);
609.352 (solicitation of children to engage in sexual conduct); 609.365
(incest); an offense punishable as a felony offense under 609.377
(malicious punishment of a child); an offense punishable as a felony offense
under 609.378 (neglect or endangerment of a child); 609.498 (tampering with
a witness); 609.561 (arson in the first degree); 609.562 (arson in the
second degree); 609.582, subdivision 1 (burglary in the first degree);
609.66, subdivision 1e (drive-by shooting); 609.687 (adulteration);
609.749, subdivision 3, 4, or 5 (felony-level harassment; stalking); 609.855,
subdivision 5 (shooting at or in a public transit vehicle or facility); 617.246
(use of minors in sexual performance prohibited); or 617.247 (possession
of pictorial representations of minors); or an offense punishable as a
felony under 624.713 (certain persons not to have pistols or semiautomatic
military-style assault weapons).
(b) An individual also is disqualified under section
245C.14 regardless of how much time has passed since:
(1) the involuntary termination of the individual's
parental rights under section 260C.301;
(2) an administrative determination under section 626.556 of
sexual abuse of a minor or abuse of a minor resulting in death or serious
injury as defined under section 245C.02, subdivision 18; or
(3) an administrative determination under section 626.557 of
sexual abuse of a vulnerable adult or abuse of a vulnerable adult resulting in
death or serious injury as defined under section 245C.02, subdivision 18.
(b) (c) An individual's aiding and abetting,
attempt, or conspiracy to commit any of the offenses listed in paragraph
(a), as each of these offenses is defined in Minnesota Statutes, permanently
disqualifies the individual under section 245C.14.
(c) (d) An individual's offense in any other
state or country, where the elements of the offense are substantially similar
to any of the offenses listed in paragraph (a), permanently disqualifies the
individual under section 245C.14.
Sec. 7. Minnesota
Statutes 2004, section 245C.15, subdivision 2, is amended to read:
Subd. 2. [15-YEAR
DISQUALIFICATION.] (a) An individual is disqualified under section 245C.14
if: (1) less than 15 years have passed
since the discharge of the sentence imposed, if any, for the offense;
and (2) the individual has received committed a felony
conviction for a felony-level violation of any of the following
offenses: sections 152.025
(controlled substance crime in the fifth degree); 260C.301 (grounds for
termination of parental rights); 609.165 (felon ineligible to possess
firearm); 609.21 (criminal vehicular homicide and injury); 609.215
(suicide); 609.223 or 609.2231 (assault in the third or fourth
degree); repeat offenses under 609.224 (assault in the fifth degree); 609.2325
(criminal abuse of a vulnerable adult); 609.2335 (financial exploitation of a
vulnerable adult); 609.235 (use of drugs to injure or facilitate crime);
609.24 (simple robbery); 609.255 (false imprisonment); 609.2664 (manslaughter
of an unborn child in the first degree); 609.2665 (manslaughter of an unborn
child in the second degree); 609.267 (assault of an unborn child in the first
degree); 609.2671 (assault of an unborn child in the second degree); 609.268
(injury or death of an unborn child in the commission of a crime); 609.27
(coercion); 609.275 (attempt to coerce); repeat offenses under 609.3451
(criminal sexual conduct in the fifth degree); 609.498, subdivision 1 or 1b
(aggravated first degree or first degree tampering with a witness); 609.52
(theft); 609.521 (possession of shoplifting gear); 609.562 (arson in the
second degree); 609.563 (arson in the third degree); 609.582,
subdivision 2, 3, or 4 (burglary in the second, third, or fourth degree);
609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery;
offering a forged check); 609.635 (obtaining signature by false pretense);
609.66 (dangerous weapons); 609.67 (machine guns and short-barreled shotguns); 609.687
(adulteration); 609.71 (riot); 609.713 (terroristic threats); repeat
offenses under 617.23 (indecent exposure; penalties); repeat offenses under 617.241
(obscene materials and performances; distribution and exhibition prohibited;
penalty); chapter 152 (drugs; controlled substance); or a felony-level
conviction involving alcohol or drug use.
(b) An individual is disqualified under section 245C.14 if less
than 15 years has passed since the individual's aiding and abetting,
attempt, or conspiracy to commit any of the offenses listed in paragraph
(a), as each of these offenses is defined in Minnesota Statutes.
(c) An individual is disqualified under section 245C.14 if less
than 15 years has passed since the discharge of the sentence imposed for an
offense in any other state or country, the elements of which are substantially
similar to the elements of the offenses listed in paragraph (a).
(d) If the individual studied is convicted of one of the
felonies listed in paragraph (a), but the sentence is a gross misdemeanor or
misdemeanor disposition, the individual is disqualified but the
disqualification lookback period for the conviction is the period applicable to
the gross misdemeanor or misdemeanor disposition.
Sec. 8. Minnesota
Statutes 2004, section 245C.15, subdivision 3, is amended to read:
Subd. 3. [TEN-YEAR
DISQUALIFICATION.] (a) An individual is disqualified under section 245C.14
if: (1) less than ten years have passed
since the discharge of the sentence imposed, if any, for the offense;
and (2) the individual has received committed a gross misdemeanor
conviction for a misdemeanor-level violation of any of the following
offenses: sections 609.224 (assault in
the fifth degree); 609.224, subdivision 2, paragraph (c) (assault in the fifth
degree by a caregiver against a vulnerable adult); 609.2242 and 609.2243
(domestic assault); 609.23 (mistreatment of persons confined); 609.231 (mistreatment
of residents or patients); 609.2325 (criminal abuse of a vulnerable adult);
609.233 (criminal neglect of a vulnerable adult); 609.2335 (financial
exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of
a vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324,
subdivision 1a (other prohibited acts; minor engaged in prostitution); 609.33
(disorderly house); 609.3451 (criminal sexual conduct in the fifth degree);
misdemeanor or gross misdemeanor offenses under 609.377 (malicious
punishment of a child); misdemeanor or gross misdemeanor offenses under
609.378 (neglect or endangerment of a child); 609.52 (theft); 609.582
(burglary); 609.631 (check forgery; offering a forged check); 609.66 (dangerous
weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly conduct against a
vulnerable adult); repeat offenses under 609.746 (interference with privacy);
609.749, subdivision 2 (harassment; stalking); repeat offenses under 617.23
(indecent exposure); 617.241 (obscene materials and performances); 617.243
(indecent literature, distribution); 617.293 (harmful materials; dissemination
and display to minors prohibited); or violation of an order for protection
under section 518B.01, subdivision 14.
(b) An individual is disqualified under section 245C.14 if less
than ten years has passed since the individual's aiding and abetting,
attempt, or conspiracy to commit any of the offenses listed in paragraph
(a), as each of these offenses is defined in Minnesota Statutes.
(c) An individual is disqualified under section 245C.14 if less
than ten years has passed since the discharge of the sentence imposed for an
offense in any other state or country, the elements of which are substantially
similar to the elements of any of the offenses listed in paragraph (a).
(d) If the defendant is convicted of one of the gross
misdemeanors listed in paragraph (a), but the sentence is a misdemeanor
disposition, the individual is disqualified but the disqualification lookback
period for the conviction is the period applicable to misdemeanors.
Sec. 9. Minnesota
Statutes 2004, section 245C.15, subdivision 4, is amended to read:
Subd. 4. [SEVEN-YEAR
DISQUALIFICATION.] (a) An individual is disqualified under section 245C.14
if: (1) less than seven years has
passed since the discharge of the sentence imposed, if any, for the
offense; and (2) the individual has received committed a misdemeanor
conviction for a misdemeanor-level violation of any of the following
offenses: sections 609.224 (assault in
the fifth degree); 609.2242 (domestic assault); 609.2335 (financial
exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of
a vulnerable adult); 609.2672 (assault of an unborn child in the third degree);
609.27 (coercion); violation of an order for protection under 609.3232
(protective order authorized; procedures; penalties); 609.52 (theft); 609.66
(dangerous weapons); 609.665 (spring guns); 609.746 (interference with
privacy); 609.79 (obscene or harassing phone telephone calls);
609.795 (letter, telegram, or package; opening; harassment); 617.23 (indecent
exposure; penalties); 617.293 (harmful materials; dissemination and display to
minors prohibited); or violation of an order for protection under section
518B.01 (Domestic Abuse Act).
(b) An individual is disqualified under section 245C.14 if less
than seven years has passed since a determination or disposition of the
individual's:
(1) failure to make required reports under section 626.556,
subdivision 3, or 626.557, subdivision 3, for incidents in which: (i) the final disposition under section
626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment
was recurring or serious; or
(2) except for disqualifications under subdivision 1,
substantiated serious or recurring maltreatment of a minor under section
626.556, a vulnerable adult under section 626.557, or serious or recurring
maltreatment in any other state, the elements of which are substantially
similar to the elements of maltreatment under section 626.556 or 626.557 for
which: (i) there is a preponderance of
evidence that the maltreatment occurred, and (ii) the subject was responsible
for the maltreatment.
(c) An individual is disqualified under section 245C.14 if less
than seven years has passed since the individual's attempt or conspiracy to
commit any of the offenses listed in paragraphs (a) and (b), as each of these
offenses is defined in Minnesota Statutes.
(d) An individual is disqualified under section 245C.14 if less
than seven years has passed since the discharge of the sentence imposed for an
offense in any other state or country, the elements of which are substantially
similar to the elements of any of the offenses listed in paragraphs (a) and
(b).
Sec. 10. Minnesota
Statutes 2004, section 245C.17, subdivision 1, is amended to read:
Subdivision 1. [TIME
FRAME FOR NOTICE OF STUDY RESULTS.] (a) Within 15 working days after the
commissioner's receipt of the background study form, the commissioner shall
notify the individual who is the subject of the study in writing or by
electronic transmission of the results of the study or that more time is needed
to complete the study.
(b) Within 15 working days after the commissioner's receipt of
the background study form, the commissioner shall notify the applicant, license
holder, or other entity as provided in this chapter in writing or by electronic
transmission of the results of the study or that more time is needed to
complete the study.
(c) When the commissioner has completed a prior background
study on an individual that resulted in an order for immediate removal and more
time is necessary to complete a subsequent study, the notice that more time is
needed that is issued under paragraphs (a) and (b) shall include an order for immediate
removal of the individual from any position allowing direct contact with or
access to people receiving services pending completion of the background study.
Sec. 11. Minnesota
Statutes 2004, section 245C.17, subdivision 2, is amended to read:
Subd. 2.
[DISQUALIFICATION NOTICE SENT TO SUBJECT.] (a) If the information in the
study indicates the individual is disqualified from direct contact with, or
from access to, persons served by the program, the commissioner shall disclose
to the individual studied:
(1) the information causing disqualification;
(2) instructions on how to request a reconsideration of the
disqualification; and
(3) an explanation of any restrictions on the commissioner's
discretion to set aside the disqualification under section 245C.24, subdivision
2, when applicable to the individual;
(4) a statement indicating that if the individual's
disqualification is set aside or the facility is granted a variance under
section 245C.30, the individual's identity and the reason for the individual's
disqualification will become public data; and
(5) the commissioner's determination of the individual's immediate
risk of harm under section 245C.16.
(b) If the commissioner determines under section 245C.16 that
an individual poses an imminent risk of harm to persons served by the program
where the individual will have direct contact, the commissioner's notice must
include an explanation of the basis of this determination.
(c) If the commissioner determines under section 245C.16 that
an individual studied does not pose a risk of harm that requires continuous,
direct supervision, the commissioner shall only notify the individual of the
disqualification immediate removal, the individual shall be informed of
the conditions under which the agency that initiated the background study may
allow the individual to provide direct contact services as provided under
subdivision 3.
Sec. 12. Minnesota
Statutes 2004, section 245C.17, subdivision 3, is amended to read:
Subd. 3. [DISQUALIFICATION
NOTICE SENT TO APPLICANT, LICENSE HOLDER, OR OTHER ENTITY.] (a) The
commissioner shall notify an applicant, license holder, or other entity as
provided in this chapter who is not the subject of the study:
(1) that the commissioner has found information that
disqualifies the individual studied from direct contact with, or from access
to, persons served by the program; and
(2) the commissioner's determination of the individual's risk
of harm under section 245C.16.
(b) If the commissioner determines under section 245C.16 that
an individual studied poses an imminent risk of harm to persons served by the
program where the individual studied will have direct contact, the commissioner
shall order the license holder to immediately remove the individual studied
from direct contact.
(c) If the commissioner determines under section 245C.16 that
an individual studied poses a risk of harm that requires continuous, direct
supervision, the commissioner shall order the applicant, license holder, or
other entities as provided in this chapter to:
(1) immediately remove the individual studied from direct
contact services; or
(2) before allowing the disqualified individual to provide
direct contact services, the applicant, license holder, or other entity, as
provided in this chapter, must:
(i) obtain from the disqualified individual a copy of the
individual's notice of disqualification from the commissioner that explains the
reason for disqualification;
(ii) assure ensure that the individual
studied is under continuous, direct supervision when providing direct contact
services during the period in which the individual may request a
reconsideration of the disqualification under section 245C.21; and
(iii) ensure that the disqualified individual requests
reconsideration within 30 days of receipt of the notice of disqualification.
(d) If the commissioner determines under section 245C.16 that
an individual studied does not pose a risk of harm that requires continuous,
direct supervision, the commissioner shall send the license holder a notice
that more time is needed to complete the individual's background study order
the applicant, license holder, or other entities as provided in this chapter
to:
(1) immediately remove the individual studied from direct
contact services; or
(2) before allowing the disqualified
individual to provide direct contact services, the applicant, license holder,
or other entity as provided in this chapter must:
(i) obtain from the disqualified individual a copy of the
individual's notice of disqualification from the commissioner that explains the
reason for disqualification; and
(ii) ensure that the disqualified individual requests
reconsideration within 15 days of receipt of the notice of disqualification.
(e) The commissioner shall not notify the applicant, license
holder, or other entity as provided in this chapter of the information
contained in the subject's background study unless:
(1) the basis for the disqualification is failure to cooperate
with the background study or substantiated maltreatment under section 626.556
or 626.557;
(2) the Data Practices Act under chapter 13 provides for
release of the information; or
(3) the individual studied authorizes the release of the
information.
Sec. 13. Minnesota
Statutes 2004, section 245C.21, subdivision 3, is amended to read:
Subd. 3. [INFORMATION
DISQUALIFIED INDIVIDUALS MUST PROVIDE WHEN REQUESTING RECONSIDERATION.] The
(a) When a disqualified individual requesting reconsideration requests
that the commissioner rescind the disqualification, the individual must
submit information showing that:
(1) the information the commissioner relied upon in determining
the underlying conduct that gave rise to the disqualification is incorrect;
(2) for disqualifications under section 245C.15, subdivision
1, based on maltreatment, the information the commissioner relied upon in
determining that maltreatment resulted in death or serious injury as defined
under section 245C.02, subdivision 18, is incorrect; or
(3) for disqualifications under section 245C.15, subdivision
4, based on maltreatment, the information the commissioner relied upon in
determining that maltreatment was serious or recurring is incorrect; or.
(3) (b) When a disqualified individual requests that
the commissioner set aside a disqualification, the individual must submit
information showing that:
(1) the subject of the study does not pose a risk of
harm to any person served by the applicant, license holder, or other entities
as provided in this chapter, by addressing the information required under
section 245C.22, subdivision 4; and
(2) the disqualified individual has received a notice
stating that if the disqualification is set aside, the individual's identity
and the individual's disqualifying characteristics will become public data.
Sec. 14. Minnesota
Statutes 2004, section 245C.21, subdivision 4, is amended to read:
Subd. 4. [NOTICE OF
REQUEST FOR RECONSIDERATION.] Upon request, the commissioner may inform the
applicant, license holder, or other entities as provided in this chapter who
received a notice of the individual's disqualification under section 245C.17,
subdivision 3, or has the consent of the disqualified individual, whether
the disqualified individual has requested reconsideration.
Sec. 15.
Minnesota Statutes 2004, section 245C.22, is amended by adding a
subdivision to read:
Subd. 7.
[CLASSIFICATION OF CERTAIN DATA AS PUBLIC OR PRIVATE.] (a)
Notwithstanding section 13.46, upon setting aside a disqualification under this
section, the identity of the disqualified individual who received the set aside
and the individual's disqualifying characteristics are public data.
(b) Notwithstanding section 13.46, upon granting a variance
to a license holder under section 245C.30, the identity of the disqualified
individual who is the subject of the variance, the individual's disqualifying
characteristics, and the terms of the variance are public data.
(c) The identity of a disqualified individual and the reason
for disqualification remain private data when a disqualification is:
(1) not set aside and no variance is granted; and
(2) rescinded because the information relied upon to
disqualify the individual is incorrect.
Sec. 16. Minnesota
Statutes 2004, section 245C.23, subdivision 1, is amended to read:
Subdivision 1.
[COMMISSIONER'S NOTICE OF DISQUALIFICATION THAT IS RESCINDED OR
SET ASIDE.] (a) Except as provided under paragraph (c), If the
commissioner rescinds or sets aside a disqualification, the commissioner
shall notify the applicant or license holder in writing or by electronic
transmission of the decision. In the
notice from the commissioner that a disqualification has been rescinded, the
commissioner must inform the license holder that the information relied upon to
disqualify the individual was incorrect.
In the notice from the commissioner that a disqualification has been set
aside, the commissioner must inform the license holder that information
about the nature of the reason for the individual's disqualification
and which factors under section 245C.22, subdivision 4, were the basis of the
decision to set aside the disqualification are available to the license
holder upon request without the consent of the background study subject.
(b) With the written consent of the background study
subject, the commissioner may release to the license holder copies of all
information related to the background study subject's disqualification and the
commissioner's decision to set aside the disqualification as specified in the
written consent.
(c) If the individual studied submits a timely request for
reconsideration under section 245C.21 and the license holder was previously
sent a notice under section 245C.17, subdivision 3, paragraph (d), and if the
commissioner sets aside the disqualification for that license holder under
section 245C.22, the commissioner shall send the license holder the same
notification received by license holders in cases where the individual studied
has no disqualifying characteristic.
Sec. 17. Minnesota
Statutes 2004, section 245C.24, subdivision 2, is amended to read:
Subd. 2. [PERMANENT BAR
TO SET ASIDE OF A DISQUALIFICATION.] (a) Except as provided in
paragraph (b), the commissioner may not set aside the disqualification of
an individual in connection with a license to provide family child care for
children, foster care for children in the provider's home, or foster care or
day care services for adults in the provider's home, issued or in
application status under chapter 245A, regardless of how much time has passed, if the provider was
disqualified for a crime or conduct listed in section 245C.15, subdivision 1.
(b) Unless the disqualification under section 245C.15,
subdivision 1, relates to criminal sexual conduct or a license to provide
family child care, child foster care, adult day services, or adult foster care
in the license holder's residence, the commissioner is not prohibited from
setting aside a disqualification according to section 245C.22, for an
individual who, in addition to criteria under section 245A.22, demonstrates to
the commissioner that:
(1) the person was disqualified because
of conduct prohibited by section 152.021, 152.022, 152.023, or 152.024;
(2) the individual has successfully completed chemical
dependency treatment from a program licensed by the Department of Human
Services or operated by the Department of Corrections;
(3) at least five years have passed since completion of the
treatment program; and
(4) the individual has not engaged in any criminal or
maltreatment behavior since completing treatment.
Sec. 18. Minnesota
Statutes 2004, section 245C.24, subdivision 3, is amended to read:
Subd. 3. [TEN-YEAR BAR
TO SET ASIDE DISQUALIFICATION.] (a) Except as provided in paragraph (d),
the commissioner may not set aside the disqualification of an individual in
connection with a license to provide family child care for children, foster
care for children in the provider's home, or foster care or day care services
for adults in the provider's home under chapter 245A if: (1) less than ten years has passed since the
discharge of the sentence imposed, if any, for the offense; and (2) the
individual has been convicted of disqualified for a violation of
any of the following offenses: sections
609.165 (felon ineligible to possess firearm); criminal vehicular homicide
under 609.21 (criminal vehicular homicide and injury); 609.215 (aiding
suicide or aiding attempted suicide); felony violations under 609.223 or
609.2231 (assault in the third or fourth degree); 609.713 (terroristic
threats); 609.235 (use of drugs to injure or to facilitate crime); 609.24
(simple robbery); 609.255 (false imprisonment); 609.562 (arson in the second
degree); 609.71 (riot); 609.498, subdivision 1 or 1b (aggravated first
degree or first degree tampering with a witness); burglary in the first or
second degree under 609.582, subdivision 2 (burglary in the
second degree); 609.66, subdivision 1, 1a, 1b, 1c, 1d, 1f, 1g, or 1h
(dangerous weapon); 609.665 (spring guns); 609.67 (machine guns and
short-barreled shotguns); 609.749, subdivision 2 (gross misdemeanor harassment;
stalking); 152.021 or 152.022 (controlled substance crime in the first or
second degree); 152.023, subdivision 1, clause (3) or (4) or subdivision 2,
clause (4) (controlled substance crime in the third degree); 152.024,
subdivision 1, clause (2), (3), or (4) (controlled substance crime in the
fourth degree); 609.224, subdivision 2, paragraph (c) (fifth degree assault
by a caregiver against a vulnerable adult); 609.23 (mistreatment of persons
confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal
abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult);
609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to
report); 609.265 (abduction); 609.2664 to 609.2665 (manslaughter of an
unborn child in the first or second degree); 609.267 to 609.2672 (assault
of an unborn child in the first, second, or third degree); 609.268
(injury or death of an unborn child in the commission of a crime); 617.293
(disseminating or displaying harmful material to minors); a felony-level
conviction involving alcohol or drug use, a gross misdemeanor offense under
609.324, subdivision 1 (other prohibited acts); a gross misdemeanor offense
under 609.378 (neglect or endangerment of a child); a gross misdemeanor offense
under 609.377 (malicious punishment of a child); or 609.72, subdivision 3
(disorderly conduct against a vulnerable adult).
(b) The commissioner may not set aside the disqualification of
an individual if less than ten years have passed since the individual's aiding
and abetting, attempt, or conspiracy to commit any of the offenses
listed in paragraph (a) as each of these offenses is defined in Minnesota
Statutes.
(c) The commissioner may not set aside the disqualification of
an individual if less than ten years have passed since the discharge of the
sentence imposed for an offense in any other state or country, the elements of
which are substantially similar to the elements of any of the offenses listed
in paragraph (a).
(d) Unless the disqualification under paragraph (a) relates
to a license to provide family child care, child foster care, adult day
services, or adult foster care in the license holder's residence, the
commissioner is not prohibited from setting aside a disqualification for
disqualification listed in paragraph (a) according to section 245C.22, for an
individual who, in addition to criteria under section 245A.22, demonstrates to
the commissioner that:
(1) the person was disqualified because of conduct
prohibited by section 152.021, 152.022, 152.023, or 152.024;
(2) the individual has successfully
completed chemical dependency treatment from a program licensed by the
Department of Human Services or operated by the Department of Corrections;
(3) at least five years have passed since completion of the
treatment program; and
(4) the individual has not engaged in any criminal or
maltreatment behavior since completing treatment.
Sec. 19. Minnesota
Statutes 2004, section 245C.24, subdivision 4, is amended to read:
Subd. 4. [SEVEN-YEAR
BAR TO SET ASIDE DISQUALIFICATION.] (a) Except as provided in paragraph (b),
the commissioner may not set aside the disqualification of an individual in connection
with a license to provide family child care for children, foster care for
children in the provider's home, or foster care or day care services for adults
in the provider's home under chapter 245A if within seven years
preceding the study:
(1) the individual committed an act that constitutes was
determined to be responsible for maltreatment of a child under
section 626.556, subdivision 10e, and:
(i) the maltreatment is a disqualification under section
245C.15, subdivision 4; and
(ii) the maltreatment resulted in substantial bodily
harm as defined in section 609.02, subdivision 7a, or substantial mental or
emotional harm as supported by competent psychological or psychiatric evidence;
or
(2) the individual was determined to be responsible for
maltreatment under section 626.557 to be the perpetrator of a
substantiated incident of maltreatment of a vulnerable adult that, and:
(i) the maltreatment is a disqualification under section
245C.15, subdivision 4; and
(ii) the maltreatment resulted in substantial bodily
harm as defined in section 609.02, subdivision 7a, or substantial mental or
emotional harm as supported by competent psychological or psychiatric evidence.
(b) Unless the disqualification under paragraph (a) relates
to a license to provide family child care, child foster care, adult day
services, or adult foster care in the license holder's residence, the
commissioner is not prohibited from setting aside a disqualification for
disqualification listed in paragraph (a) according to section 245C.22, for an
individual who, in addition to criteria under section 245A.22, demonstrates to
the commissioner that:
(1) the person was disqualified because of conduct
prohibited by section 152.021, 152.022, 152.023, or 152.024;
(2) the individual has successfully completed chemical
dependency treatment from a program licensed by the Department of Human
Services or operated by the Department of Corrections;
(3) at least five years have passed since completion of the
treatment program; and
(4) the individual has not engaged in any criminal or
maltreatment behavior since completing treatment.
Sec. 20. Minnesota
Statutes 2004, section 245C.24, is amended by adding a subdivision to read:
Subd. 6.
[NOTIFICATION OF DISQUALIFICATIONS.] The commissioner shall expand
notification of disqualifications to entities and inform the public about
disqualifications as provided under this chapter and section 13.46.
Sec. 21.
Minnesota Statutes 2004, section 245C.30, subdivision 1, is amended to
read:
Subdivision 1. [LICENSE
HOLDER VARIANCE.] (a) Except for any disqualification under section 245C.15,
subdivision 1, when the commissioner has not set aside a background study
subject's disqualification, and there are conditions under which the disqualified
individual may provide direct contact services or have access to people
receiving services that minimize the risk of harm to people receiving services,
the commissioner may grant a time-limited variance to a license holder.
(b) The variance shall state the reason for the
disqualification, the services that may be provided by the disqualified
individual, and the conditions with which the license holder or applicant must
comply for the variance to remain in effect.
(c) Except for programs licensed to provide family child
care for children, foster care for children in the provider's own home, or
foster care or day care services for adults in the provider's own home, the
variance must be requested by the license holder.
Sec. 22. Minnesota Statutes
2004, section 245C.30, subdivision 2, is amended to read:
Subd. 2. [DISCLOSURE OF
REASON FOR DISQUALIFICATION.] (a) The commissioner may not grant a
variance for a disqualified individual unless the applicant or license
holder requests the variance and the disqualified individual provides
written consent for the commissioner to disclose to the applicant or license
holder the reason for the disqualification; and the commissioner has
documentation showing that the disqualified individual has been informed that
if the variance is granted, the individual's identity, reason for
disqualification, and terms of the variance will become public data.
(b) This subdivision does not apply to programs licensed to
provide family child care for children, foster care for children in the
provider's own home, or foster care or day care services for adults in the
provider's own home.
Sec. 23. Minnesota
Statutes 2004, section 626.557, subdivision 12b, is amended to read:
Subd. 12b. [DATA
MANAGEMENT.] (a) [COUNTY DATA.] In
performing any of the duties of this section as a lead agency, the county
social service agency shall maintain appropriate records. Data collected by the county social service
agency under this section are welfare data under section 13.46. Notwithstanding section 13.46, subdivision
1, paragraph (a), data under this paragraph that are inactive investigative
data on an individual who is a vendor of services are private data on
individuals, as defined in section 13.02.
The identity of the reporter may only be disclosed as provided in
paragraph (c).
Data maintained by the common entry point are confidential data
on individuals or protected nonpublic data as defined in section 13.02. Notwithstanding section 138.163, the common
entry point shall destroy data three calendar years after date of receipt.
(b) [LEAD AGENCY DATA.]
The commissioners of health and human services shall prepare an investigation
memorandum for each report alleging maltreatment investigated under this
section. During an investigation by the
commissioner of health or the commissioner of human services, data collected
under this section are confidential data on individuals or protected nonpublic
data as defined in section 13.02. Upon
completion of the investigation, the data are classified as provided in clauses
(1) to (3) and paragraph (c).
(1) The investigation memorandum must contain the following
data, which are public:
(i) the name of the facility investigated;
(ii) a statement of the nature of the alleged maltreatment;
(iii) pertinent information obtained from medical or other
records reviewed;
(iv) the identity of the investigator;
(v) a summary of the investigation's findings;
(vi) statement of whether the report was found to be
substantiated, inconclusive, false, or that no determination will be made;
(vii) a statement of any action taken by the facility;
(viii) a statement of any action taken by the lead agency; and
(ix) when a lead agency's determination has substantiated
maltreatment, a statement of whether an individual, individuals, or a facility
were responsible for the substantiated maltreatment, if known.
The investigation memorandum must be written in a manner which
protects the identity of the reporter and of the vulnerable adult and may not
contain the names or, to the extent possible, data on individuals or private
data listed in clause (2).
(2) Data on individuals collected and maintained in the
investigation memorandum are private data, including:
(i) the name of the vulnerable adult;
(ii) the identity of the individual alleged to be the
perpetrator;
(iii) the identity of the individual substantiated as the
perpetrator; and
(iv) the identity of all individuals interviewed as part of the
investigation.
(3) Other data on individuals maintained as part of an
investigation under this section are private data on individuals upon
completion of the investigation.
(c) [IDENTITY OF
REPORTER.] The subject of the report may compel disclosure of the name of the
reporter only with the consent of the reporter or upon a written finding by a
court that the report was false and there is evidence that the report was made
in bad faith. This subdivision does not
alter disclosure responsibilities or obligations under the Rules of Criminal
Procedure, except that where the identity of the reporter is relevant to a
criminal prosecution, the district court shall do an in-camera review prior to
determining whether to order disclosure of the identity of the reporter.
(d) [DESTRUCTION OF
DATA.] Notwithstanding section 138.163, data maintained under this section by
the commissioners of health and human services must be destroyed under the
following schedule:
(1) data from reports determined to be false, two years after the
finding was made;
(2) data from reports determined to be inconclusive, four years
after the finding was made;
(3) data from reports determined to be substantiated, seven
at least ten years after the finding was made; and
(4) data from reports which were not investigated by a lead
agency and for which there is no final disposition, two years from the date of
the report.
(e) [SUMMARY OF
REPORTS.] The commissioners of health and human services shall each annually
report to the legislature and the governor on the number and type of reports of
alleged maltreatment involving licensed facilities reported under this section,
the number of those requiring investigation under this section, and the
resolution of those investigations. The
report shall identify:
(1) whether and where backlogs of cases result in a failure to
conform with statutory time frames;
(2) where adequate coverage requires additional appropriations
and staffing; and
(3) any other trends that affect the safety of vulnerable adults.
(f) [RECORD RETENTION
POLICY.] Each lead agency must have a record retention policy.
(g) [EXCHANGE OF
INFORMATION.] Lead agencies, prosecuting authorities, and law enforcement
agencies may exchange not public data, as defined in section 13.02, if the
agency or authority requesting the data determines that the data are pertinent
and necessary to the requesting agency in initiating, furthering, or completing
an investigation under this section.
Data collected under this section must be made available to prosecuting
authorities and law enforcement officials, local county agencies, and licensing
agencies investigating the alleged maltreatment under this section. The lead agency shall exchange not public data
with the vulnerable adult maltreatment review panel established in section
256.021 if the data are pertinent and necessary for a review requested under
that section. Upon completion of the
review, not public data received by the review panel must be returned to the
lead agency.
(h) [COMPLETION TIME.]
Each lead agency shall keep records of the length of time it takes to complete
its investigations.
(i) [NOTIFICATION OF
OTHER AFFECTED PARTIES.] A lead agency may notify other affected parties and
their authorized representative if the agency has reason to believe
maltreatment has occurred and determines the information will safeguard the
well-being of the affected parties or dispel widespread rumor or unrest in the
affected facility.
(j) [FEDERAL
REQUIREMENTS.] Under any notification provision of this section, where federal
law specifically prohibits the disclosure of patient identifying information, a
lead agency may not provide any notice unless the vulnerable adult has
consented to disclosure in a manner which conforms to federal requirements.
ARTICLE
7
SEX
OFFENDER MISCELLANEOUS,
TECHNICAL,
AND CONFORMING PROVISIONS
Section 1. Minnesota
Statutes 2004, section 13.871, subdivision 5, is amended to read:
Subd. 5. [CRIME
VICTIMS.] (a) [CRIME VICTIM NOTICE OF RELEASE.] Data on crime victims who
request notice of an offender's release are classified under section 611A.06.
(b) [SEX OFFENDER HIV TESTS.] Results of HIV tests of sex
offenders under section 611A.19, subdivision 2, are classified under that
section.
(c) [BATTERED WOMEN.] Data on battered women maintained by
grantees for emergency shelter and support services for battered women are
governed by section 611A.32, subdivision 5.
(d) [VICTIMS OF DOMESTIC ABUSE.] Data on battered women and
victims of domestic abuse maintained by grantees and recipients of per diem
payments for emergency shelter for battered women and support services for
battered women and victims of domestic abuse are governed by sections 611A.32,
subdivision 5, and 611A.371, subdivision 3.
(e) [PERSONAL HISTORY; INTERNAL AUDITING.] Certain personal
history and internal auditing data is classified by section 611A.46.
(f) [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims and
supporting documents filed by crime victims seeking reparations are classified
under section 611A.57, subdivision 6.
(g) [CRIME VICTIM OVERSIGHT ACT.] Data maintained by the
commissioner of public safety under the Crime Victim Oversight Act are
classified under section 611A.74, subdivision 2.
(h) [VICTIM IDENTITY DATA.] Data relating to the
identity of the victims of certain criminal sexual conduct is governed by
section 609.2471.
Sec. 2. Minnesota
Statutes 2004, section 144.335, is amended by adding a subdivision to read:
Subd. 3d.
[CRIMINAL HISTORY INFORMATION; CLASSIFICATION.] A provider that
receives criminal history information about a patient from the Department of
Corrections or the Department of Human Services must include that information
in the patient's health record. The
criminal history information may only be used and disclosed as provided in this
section and applicable federal law.
Sec. 3. Minnesota
Statutes 2004, section 241.67, subdivision 3, is amended to read:
Subd. 3. [PROGRAMS FOR
ADULT OFFENDERS COMMITTED TO THE COMMISSIONER.] (a) The commissioner shall
provide for a range of sex offender programs, including intensive sex offender
programs, within the state adult correctional facility system. Participation in any program is subject to
the rules and regulations of the Department of Corrections. Nothing in this section requires the
commissioner to accept or retain an offender in a program if the offender is
determined by prison professionals as unamenable to programming within the
prison system or if the offender refuses or fails to comply with the program's
requirements. Nothing in this section
creates a right of an offender to treatment.
(b) The commissioner shall develop a plan to provide for
residential and outpatient sex offender programming and aftercare when required
for conditional release under section 609.108 or as a condition of supervised
release. The plan may include
co-payments from the offender, third-party payers, local agencies, or other
funding sources as they are identified.
Sec. 4. Minnesota
Statutes 2004, section 242.195, subdivision 1, is amended to read:
Subdivision 1. [SEX
OFFENDER PROGRAMS.] (a) The commissioner of corrections shall develop a plan
to provide for a range of sex offender programs, including intensive sex
offender programs, for juveniles within state juvenile correctional facilities
and through purchase of service from county and private residential and
outpatient juvenile sex offender programs.
The plan may include co-payments from the offenders, third-party
payers, local agencies, and other funding sources as they are identified.
(b) The commissioner shall establish and operate a residential
sex offender program at one of the state juvenile correctional facilities. The program must be structured to address
both the therapeutic and disciplinary needs of juvenile sex offenders. The program must afford long-term
residential treatment for a range of juveniles who have committed sex offenses
and have failed other treatment programs or are not likely to benefit from an
outpatient or a community-based residential treatment program.
Sec. 5. Minnesota
Statutes 2004, section 243.166, subdivision 1, is amended to read:
Subdivision 1.
[REGISTRATION REQUIRED.] (a) A person shall register under this section
if:
(1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and convicted of or
adjudicated delinquent for that offense or another offense arising out of the
same set of circumstances:
(i) murder under section 609.185, clause (2); or
(ii) kidnapping under section 609.25; or
(iii) criminal sexual conduct under section 609.342; 609.343;
609.344; 609.345; or 609.3451, subdivision 3; or 609.3453; or
(iv) indecent exposure under section 617.23, subdivision 3; or
(2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision 2; soliciting
a minor to engage in prostitution in violation of section 609.322 or 609.324;
soliciting a minor to engage in sexual conduct in violation of section 609.352;
using a minor in a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of section 617.247,
and convicted of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances; or
(3) the person was convicted of a predatory crime as defined
in section 609.108, and the offender was sentenced as a patterned sex
offender or the court found on its own motion or that of the prosecutor that
the crime was part of a predatory pattern of behavior that had criminal sexual
conduct as its goal as a patterned sex offender under section 609.108;
or
(4) the person was convicted of or adjudicated delinquent for,
including pursuant to a court martial, violating a law of the United States,
including the Uniform Code of Military Justice, similar to the offenses
described in clause (1), (2), or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent in
another state for an offense that would be a violation of a law described in
paragraph (a) if committed in this state;
(2) the person enters the state to reside, or to work or attend
school; and
(3) ten years have not elapsed since the person was released
from confinement or, if the person was not confined, since the person was
convicted of or adjudicated delinquent for the offense that triggers
registration, unless the person is subject to lifetime registration, in which case
the person must register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
For purposes of this paragraph:
(i) "school" includes any public or private
educational institution, including any secondary school, trade or professional
institution, or institution of higher education, that the person is enrolled in
on a full-time or part-time basis; and
(ii) "work" includes employment that is full time or
part time for a period of time exceeding 14 days or for an aggregate period of
time exceeding 30 days during any calendar year, whether financially
compensated, volunteered, or for the purpose of government or educational
benefit.
(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under section
253B.185 or Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States, regardless of whether the person was
convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in paragraph (a),
clause (1), or a similar law of another state or the United States, or the person
was charged with or petitioned for a violation of any of the offenses listed in
paragraph (a), clause (2), or a similar law of another state or the United
States;
(2) the person was found not guilty by reason of mental illness
or mental deficiency after a trial for that offense, or found guilty but
mentally ill after a trial for that offense, in states with a guilty but
mentally ill verdict; and
(3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or the United
States.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 6. Minnesota
Statutes 2004, section 244.05, subdivision 6, is amended to read:
Subd. 6. [INTENSIVE
SUPERVISED RELEASE.] The commissioner may order that an inmate be placed on
intensive supervised release for all or part of the inmate's supervised release
or parole term if the commissioner determines that the action will further the
goals described in section 244.14, subdivision 1, clauses (2), (3), and
(4). In addition, the commissioner may
order that an inmate be placed on intensive supervised release for all of the
inmate's conditional or supervised release term if the inmate was convicted of
a sex offense under sections section 609.342 to,
609.343, 609.344, 609.345, or 609.3453 or was sentenced under the
provisions of section 609.108. The
commissioner shall order that all level III sex offenders be placed on
intensive supervised release for the entire supervised release, conditional
release, or parole term. As a condition
of release, level III sex offenders must submit to polygraph tests at the
commissioner's request. The scope of
the polygraph tests is limited to an offender's conditions of release while on
intensive supervised release. The
commissioner may impose appropriate conditions of release on the inmate
including but not limited to unannounced searches of the inmate's person,
vehicle, or premises by an intensive supervision agent; compliance with
court-ordered restitution, if any; random drug testing; house arrest; daily
curfews; frequent face-to-face contacts with an assigned intensive supervision
agent; work, education, or treatment requirements; and electronic surveillance. In addition, any sex offender placed on
intensive supervised release may be ordered to participate in an appropriate
sex offender program as a condition of release. If the inmate violates the conditions of the intensive supervised
release, the commissioner shall impose sanctions as provided in subdivision 3
and section 609.108.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 7.
Minnesota Statutes 2004, section 244.05, subdivision 7, is amended to
read:
Subd. 7. [SEX
OFFENDERS; CIVIL COMMITMENT DETERMINATION.] (a) Before the commissioner
releases from prison any inmate convicted under sections section
609.342 to, 609.343, 609.344, 609.345, or 609.3453 or
sentenced as a patterned offender under section 609.108, and determined by the
commissioner to be in a high risk category, the commissioner shall make a
preliminary determination whether, in the commissioner's opinion, a petition
under section 253B.185 may be appropriate.
(b) In making this decision, the commissioner shall have access
to the following data only for the purposes of the assessment and referral
decision:
(1) private medical data under section 13.384 or 144.335, or
welfare data under section 13.46 that relate to medical treatment of the
offender;
(2) private and confidential court services data under section
13.84;
(3) private and confidential corrections data under section
13.85; and
(4) private criminal history data under section 13.87.
(c) If the commissioner determines that a petition may be
appropriate, the commissioner shall forward this determination, along with a
summary of the reasons for the determination, to the county attorney in the
county where the inmate was convicted no later than 12 months before the
inmate's release date. If the inmate is
received for incarceration with fewer than 12 months remaining in the inmate's
term of imprisonment, or if the commissioner receives additional information
less than 12 months before release which makes the inmate's case appropriate
for referral, the commissioner shall forward the determination as soon as is
practicable. Upon receiving the
commissioner's preliminary determination, the county attorney shall proceed in
the manner provided in section 253B.185.
The commissioner shall release to the county attorney all requested
documentation maintained by the department.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 8. Minnesota
Statutes 2004, section 253B.18, subdivision 5, is amended to read:
Subd. 5. [PETITION;
NOTICE OF HEARING; ATTENDANCE; ORDER.] (a) A petition for an order of transfer,
discharge, provisional discharge, or revocation of provisional discharge shall
be filed with the commissioner and may be filed by the patient or by the head
of the treatment facility. A patient
may not petition the special review board for six months following commitment
under subdivision 3 or following the final disposition of any previous petition
and subsequent appeal by the patient.
The medical director may petition at any time.
(b) Fourteen days prior to the hearing, the committing court,
the county attorney of the county of commitment, the designated agency,
interested person, the petitioner, and the petitioner's counsel shall be given
written notice by the commissioner of the time and place of the hearing before
the special review board. Only those
entitled to statutory notice of the hearing or those administratively required
to attend may be present at the hearing.
The patient may designate interested persons to receive notice by
providing the names and addresses to the commissioner at least 21 days before
the hearing. The board shall provide
the commissioner with written findings of fact and recommendations within 21
days of the hearing. The commissioner
shall issue an order no later than 14 days after receiving the recommendation
of the special review board. A copy of
the order shall be sent by certified mail to every person entitled to statutory
notice of the hearing within five days after it is signed. No order by the commissioner shall be
effective sooner than 30 days after the order is signed, unless the county
attorney, the patient, and the commissioner agree that it may become effective
sooner.
(c) The special review board shall hold a
hearing on each petition prior to making its recommendation to the
commissioner. The special review board
proceedings are not contested cases as defined in chapter 14. Any person or agency receiving notice that
submits documentary evidence to the special review board prior to the hearing
shall also provide copies to the patient, the patient's counsel, the county
attorney of the county of commitment, the case manager, and the commissioner.
(d) Prior to the final decision by the commissioner, the
special review board may be reconvened to consider events or circumstances that
occurred subsequent to the hearing.
(e) In making their recommendations and order, the special
review board and commissioner must consider any statements received from
victims under subdivision 5a.
[EFFECTIVE DATE.] This
section is effective August 1, 2005.
Sec. 9. Minnesota
Statutes 2004, section 253B.18, is amended by adding a subdivision to read:
Subd. 5a.
[VICTIM NOTIFICATION OF PETITION AND RELEASE; RIGHT TO SUBMIT
STATEMENT.] (a) As used in this subdivision:
(1) "crime" has the meaning given to "violent
crime" in section 609.1095, and includes criminal sexual conduct in the
fifth degree and offenses within the definition of "crime against the
person" in section 253B.02, subdivision 4a, and also includes offenses
listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether
they are sexually motivated;
(2) "victim" means a person who has incurred loss
or harm as a result of a crime the behavior for which forms the basis for a
commitment under this section or section 253B.185; and
(3) "convicted" and "conviction" have
the meanings given in section 609.02, subdivision 5, and also include juvenile
court adjudications; findings under Minnesota Rules of Criminal Procedure, Rule
20.02, that the elements of a crime have been proved; and findings in
commitment cases under this section or section 253B.185 that an act or acts
constituting a crime occurred.
(b) A county attorney who files a petition to commit a
person under this section or section 253B.185 shall make a reasonable effort to
provide prompt notice of filing the petition to any victim of a crime for which
the person was convicted. In addition,
the county attorney shall make a reasonable effort to promptly notify the
victim of the resolution of the petition.
(c) Before provisionally discharging, discharging, granting
pass-eligible status, approving a pass plan, or otherwise permanently or
temporarily releasing a person committed under this section or section 253B.185
from a treatment facility, the head of the treatment facility shall make a
reasonable effort to notify any victim of a crime for which the person was
convicted that the person may be discharged or released and that the victim has
a right to submit a written statement regarding decisions of the medical
director, special review board, or commissioner with respect to the person. To the extent possible, the notice must be
provided at least 14 days before any special review board hearing or before a
determination on a pass plan.
(d) This subdivision applies only to victims who have
requested notification by contacting, in writing, the county attorney in the
county where the conviction for the crime occurred. A county attorney who receives a request for notification under
this paragraph shall promptly forward the request to the commissioner of human
services.
(e) The rights under this subdivision are
in addition to rights available to a victim under chapter 611A. This provision does not give a victim all
the rights of a "notified person" or a person "entitled to
statutory notice" under subdivision 4a, 4b, or 5.
[EFFECTIVE DATE.] This
section is effective August 1, 2005.
Sec. 10. Minnesota
Statutes 2004, section 609.108, subdivision 6, is amended to read:
Subd. 6. [CONDITIONAL
RELEASE.] At the time of sentencing under subdivision 1, the court shall
provide that after the offender has completed the sentence imposed, less any
good time earned by an offender whose crime was committed before August 1,
1993, the commissioner of corrections shall place the offender on conditional
release for the remainder of the statutory maximum period, or for ten years,
whichever is longer.
The conditions of release may include successful completion of
treatment and aftercare in a program approved by the commissioner, satisfaction
of the release conditions specified in section 244.05, subdivision 6, and any other
conditions the commissioner considers appropriate. For all level III sex offenders, the commissioner shall
require as a condition of release that offenders submit to polygraph tests at
the request of the commissioner. The
scope of the polygraph tests is limited to an offender's conditions of release
while on conditional release.
Before the offender is released, the commissioner shall notify the
sentencing court, the prosecutor in the jurisdiction where the offender was
sentenced, and the victim of the offender's crime, where available, of the
terms of the offender's conditional release.
If the offender fails to meet any condition of release, the commissioner
may revoke the offender's conditional release and order that the offender serve
all or a part of the remaining portion of the conditional release term in
prison. The commissioner shall not
dismiss the offender from supervision before the conditional release term
expires.
Conditional release granted under this subdivision is governed
by provisions relating to supervised release, except as otherwise provided in
this subdivision, section 244.04, subdivision 1, or 244.05.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 11. Minnesota
Statutes 2004, section 609.108, subdivision 7, is amended to read:
Subd. 7. [COMMISSIONER
OF CORRECTIONS.] The commissioner shall develop a plan to pay the cost
of treatment of a person released under subdivision 6. The plan may include co-payments from
offenders, third-party payers, local agencies, or other funding sources as they
are identified. This section does
not require the commissioner to accept or retain an offender in a treatment
program.
Sec. 12. Minnesota
Statutes 2004, section 609.109, subdivision 5, is amended to read:
Subd. 5. [PREVIOUS SEX
OFFENSE CONVICTIONS.] For the purposes of this section, a conviction is
considered a previous sex offense conviction if the person was convicted of a
sex offense before the commission of the present offense of conviction. A person has two previous sex offense
convictions only if the person was convicted and sentenced for a sex offense
committed after the person was earlier convicted and sentenced for a sex
offense, both convictions preceded the commission of the present offense of
conviction, and 15 years have not elapsed since the person was discharged from
the sentence imposed for the second conviction. A "sex offense" is a violation of sections 609.342 to 609.345
609.3453 or any similar statute of the United States, this state, or any
other state.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 13.
Minnesota Statutes 2004, section 609.109, subdivision 7, is amended to
read:
Subd. 7. [CONDITIONAL
RELEASE OF SEX OFFENDERS.] (a) Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the Sentencing
Guidelines, when a court sentences a person to prison for a violation of
section 609.342, 609.343, 609.344, or 609.345, the court shall provide that
after the person has completed the sentence imposed, the commissioner of
corrections shall place the person on conditional release. If the person was convicted for a violation
of section 609.342, 609.343, 609.344, or 609.345, the person shall be placed on
conditional release for five years, minus the time the person served on
supervised release. If the person was
convicted for a violation of one of those sections after a previous sex offense
conviction as defined in subdivision 5, or sentenced under subdivision 6 to a
mandatory departure, the person shall be placed on conditional release for ten
years, minus the time the person served on supervised release.
(b) The conditions of release may include successful completion
of treatment and aftercare in a program approved by the commissioner,
satisfaction of the release conditions specified in section 244.05, subdivision
6, and any other conditions the commissioner considers appropriate. For all level III sex offenders, the
commissioner shall require as a condition of release that offenders submit to
polygraph tests at the request of the commissioner. The scope of the polygraph tests is limited to an offender's
conditions of release while on conditional release. If the offender fails to meet any condition
of release, the commissioner may revoke the offender's conditional release and
order that the offender serve the remaining portion of the conditional release
term in prison. The commissioner shall
not dismiss the offender from supervision before the conditional release term
expires.
Conditional release under this subdivision is governed by
provisions relating to supervised release, except as otherwise provided in this
subdivision, section 244.04, subdivision 1, or 244.05.
(c) The commissioner shall develop a plan to pay the
cost of treatment of a person released under this subdivision. The plan may include co-payments from
offenders, third-party payers, local agencies, and other funding sources as
they are identified. This section
does not require the commissioner to accept or retain an offender in a
treatment program.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 14. Minnesota
Statutes 2004, section 609.117, subdivision 1, is amended to read:
Subdivision 1. [UPON
SENTENCING.] The court shall order an offender to provide a biological specimen
for the purpose of DNA analysis as defined in section 299C.155 when:
(1) the court sentences a person charged with violating or
attempting to violate any of the following, and the person is convicted of that
offense or of any offense arising out of the same set of circumstances:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery under
section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343,
609.344, 609.345, or 609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3;
(2) the court sentences a person as a patterned sex offender
under section 609.108; or
(3) the juvenile court adjudicates a person a delinquent child
who is the subject of a delinquency petition for violating or attempting to
violate any of the following, and the delinquency adjudication is based on a
violation of one of those sections or of any offense arising out of the same
set of circumstances:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery under
section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343,
609.344, 609.345, or 609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3.
The biological specimen or
the results of the analysis shall be maintained by the Bureau of Criminal
Apprehension as provided in section 299C.155.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 15. Minnesota
Statutes 2004, section 609.117, subdivision 2, is amended to read:
Subd. 2. [BEFORE
RELEASE.] The commissioner of corrections or local corrections authority shall
order a person to provide a biological specimen for the purpose of DNA analysis
before completion of the person's term of imprisonment when the person has not
provided a biological specimen for the purpose of DNA analysis and the person:
(1) is currently serving a term of imprisonment for or has a
past conviction for violating or attempting to violate any of the following or
a similar law of another state or the United States or initially charged with
violating one of the following sections or a similar law of another state or
the United States and convicted of another offense arising out of the same set
of circumstances:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery under
section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343,
609.344, 609.345, or 609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3; or
(2) was sentenced as a patterned sex offender under section
609.108, and committed to the custody of the commissioner of corrections; or
(3) is serving a term of imprisonment in this state under a
reciprocal agreement although convicted in another state of an offense
described in this subdivision or a similar law of the United States or any
other state. The commissioner of
corrections or local corrections authority shall forward the sample to the
Bureau of Criminal Apprehension.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 16. Minnesota
Statutes 2004, section 609.1351, is amended to read:
609.1351 [PETITION FOR CIVIL COMMITMENT.]
When a court sentences a person under section 609.108, 609.342,
609.343, 609.344, or 609.345, or 609.3453, the court shall make a
preliminary determination whether in the court's opinion a petition under
section 253B.185 may be appropriate and include the determination as part of
the sentencing order. If the court
determines that a petition may be appropriate, the court shall forward its
preliminary determination along with supporting documentation to the county
attorney.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 17. Minnesota
Statutes 2004, section 609.347, is amended to read:
609.347 [EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.]
Subdivision 1. In a
prosecution under sections 609.109 or, 609.342 to 609.3451, or
609.3453, the testimony of a victim need not be corroborated.
Subd. 2. In a prosecution
under sections 609.109 or, 609.342 to 609.3451, or 609.3453,
there is no need to show that the victim resisted the accused.
Subd. 3. In a
prosecution under sections 609.109, 609.342 to 609.3451, 609.3453, or
609.365, evidence of the victim's previous sexual conduct shall not be admitted
nor shall any reference to such conduct be made in the presence of the jury,
except by court order under the procedure provided in subdivision 4. The evidence can be admitted only if the
probative value of the evidence is not substantially outweighed by its
inflammatory or prejudicial nature and only in the circumstances set out in
paragraphs (a) and (b). For the
evidence to be admissible under paragraph (a), subsection (i), the judge must
find by a preponderance of the evidence that the facts set out in the accused's
offer of proof are true. For the
evidence to be admissible under paragraph (a), subsection (ii) or paragraph
(b), the judge must find that the evidence is sufficient to support a finding
that the facts set out in the accused's offer of proof are true, as provided
under Rule 901 of the Rules of Evidence.
(a) When consent of the victim is a defense in the case, the
following evidence is admissible:
(i) evidence of the victim's previous sexual conduct tending to
establish a common scheme or plan of similar sexual conduct under circumstances
similar to the case at issue. In order
to find a common scheme or plan, the judge must find that the victim made prior
allegations of sexual assault which were fabricated; and
(ii) evidence of the victim's previous sexual conduct with the
accused.
(b) When the prosecution's case includes evidence of semen,
pregnancy, or disease at the time of the incident or, in the case of pregnancy,
between the time of the incident and trial, evidence of specific instances of
the victim's previous sexual conduct is admissible solely to show the source of
the semen, pregnancy, or disease.
Subd. 4. The accused
may not offer evidence described in subdivision 3 except pursuant to the
following procedure:
(a) A motion shall be made by the accused at least three
business days prior to trial, unless later for good cause shown, setting out
with particularity the offer of proof of the evidence that the accused intends
to offer, relative to the previous sexual conduct of the victim;
(b) If the court deems the offer of proof sufficient, the court
shall order a hearing out of the presence of the jury, if any, and in such
hearing shall allow the accused to make a full presentation of the offer of
proof;
(c) At the conclusion of the hearing, if the court finds that
the evidence proposed to be offered by the accused regarding the previous
sexual conduct of the victim is admissible under subdivision 3 and that its
probative value is not substantially outweighed by its inflammatory or
prejudicial nature, the court shall make an order stating the extent to which
evidence is admissible. The accused may
then offer evidence pursuant to the order of the court;
(d) If new information is discovered after the date of the
hearing or during the course of trial, which may make evidence described in
subdivision 3 admissible, the accused may make an offer of proof pursuant to
clause (a) and the court shall order an in camera hearing to determine whether
the proposed evidence is admissible by the standards herein.
Subd. 5. In a
prosecution under sections 609.109 or, 609.342 to 609.3451, or
609.3453, the court shall not instruct the jury to the effect that:
(a) It may be inferred that a victim who has previously
consented to sexual intercourse with persons other than the accused would be
therefore more likely to consent to sexual intercourse again; or
(b) The victim's previous or subsequent sexual conduct in and of
itself may be considered in determining the credibility of the victim; or
(c) Criminal sexual conduct is a crime easily charged by a
victim but very difficult to disprove by an accused because of the heinous
nature of the crime; or
(d) The jury should scrutinize the testimony of the victim any
more closely than it should scrutinize the testimony of any witness in any
felony prosecution.
Subd. 6. (a) In a
prosecution under sections 609.109 or, 609.342 to 609.3451, or
609.3453, involving a psychotherapist and patient, evidence of the
patient's personal or medical history is not admissible except when:
(1) the accused requests a hearing at least three business days
prior to trial and makes an offer of proof of the relevancy of the history; and
(2) the court finds that the history is relevant and that the
probative value of the history outweighs its prejudicial value.
(b) The court shall allow the admission only of specific
information or examples of conduct of the victim that are determined by the
court to be relevant. The court's order
shall detail the information or conduct that is admissible and no other
evidence of the history may be introduced.
(c) Violation of the terms of the order is grounds for mistrial
but does not prevent the retrial of the accused.
Subd. 7. [EFFECT OF
STATUTE ON RULES.] Rule 412 of the Rules of Evidence is superseded to the
extent of its conflict with this section.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 18. Minnesota
Statutes 2004, section 609.3471, is amended to read:
609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY CONFIDENTIAL.]
Notwithstanding any provision of law to the contrary, no data
contained in records or reports relating to petitions, complaints, or
indictments issued pursuant to section 609.342; 609.343; 609.344; or
609.345; or 609.3453, which specifically identifies a victim who is a
minor shall be accessible to the public, except by order of the court. Nothing in this section authorizes denial of
access to any other data contained in the records or reports, including the
identity of the defendant.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 19. Minnesota
Statutes 2004, section 609.348, is amended to read:
609.348 [MEDICAL PURPOSES; EXCLUSION.]
Sections 609.109 and, 609.342 to 609.3451, and
609.3453 do not apply to sexual penetration or sexual contact when done for
a bona fide medical purpose.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 20. Minnesota
Statutes 2004, section 609.353, is amended to read:
609.353 [JURISDICTION.]
A violation or attempted violation of section 609.342, 609.343,
609.344, 609.345, 609.3451, 609.3453, or 609.352 may be prosecuted in
any jurisdiction in which the violation originates or terminates.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 21. Minnesota
Statutes 2004, section 609.485, subdivision 2, is amended to read:
Subd. 2. [ACTS
PROHIBITED.] Whoever does any of the following may be sentenced as provided in
subdivision 4:
(1) escapes while held pursuant to a lawful arrest, in lawful
custody on a charge or conviction of a crime, or while held in lawful custody
on an allegation or adjudication of a delinquent act;
(2) transfers to another, who is in lawful custody on a charge
or conviction of a crime, or introduces into an institution in which the latter
is confined, anything usable in making such escape, with intent that it shall
be so used;
(3) having another in lawful custody on a charge or conviction
of a crime, intentionally permits the other to escape;
(4) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order after a finding of
not guilty by reason of mental illness or mental deficiency of a crime against
the person, as defined in section 253B.02, subdivision 4a. Notwithstanding section 609.17, no person
may be charged with or convicted of an attempt to commit a violation of this
clause; or
(5) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order under section
253B.185 or Minnesota Statutes 1992, section 526.10; or
(6) escapes while on pass status or provisional discharge
according to section 253B.18.
For purposes of clause (1), "escapes while held in lawful
custody" includes absconding from electronic monitoring or absconding
after removing an electronic monitoring device from the person's body.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 22. Minnesota
Statutes 2004, section 609.485, subdivision 4, is amended to read:
Subd. 4. [SENTENCE.]
(a) Except as otherwise provided in subdivision 3a, whoever violates this
section may be sentenced as follows:
(1) if the person who escapes is in lawful custody for a
felony, to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both;
(2) if the person who escapes is in lawful
custody after a finding of not guilty by reason of mental illness or mental
deficiency of a crime against the person, as defined in section 253B.02,
subdivision 4a, or pursuant to a court commitment order under section 253B.185
or Minnesota Statutes 1992, section 526.10, to imprisonment for not more than
one year and one day or to payment of a fine of not more than $3,000, or both; or
(3) if the person who escapes is in lawful custody for a gross
misdemeanor or misdemeanor, or if the person who escapes is in lawful custody
on an allegation or adjudication of a delinquent act, to imprisonment for not
more than one year or to payment of a fine of not more than $3,000, or both;
or
(4) if the person who escapes is under civil commitment
under sections 253B.18 and 253B.185, to imprisonment for not more than one year
and one day or to payment of a fine of not more than $3,000, or both.
(b) If the escape was a violation of subdivision 2, clause (1),
(2), or (3), and was effected by violence or threat of violence against a
person, the sentence may be increased to not more than twice those permitted in
paragraph (a), clauses (1) and (3).
(c) Unless a concurrent term is specified by the court, a
sentence under this section shall be consecutive to any sentence previously
imposed or which may be imposed for any crime or offense for which the person
was in custody when the person escaped.
(d) Notwithstanding paragraph (c), if a person who was
committed to the commissioner of corrections under section 260B.198 escapes
from the custody of the commissioner while 18 years of age, the person's
sentence under this section shall commence on the person's 19th birthday or on
the person's date of discharge by the commissioner of corrections, whichever
occurs first. However, if the person
described in this clause is convicted under this section after becoming 19
years old and after having been discharged by the commissioner, the person's sentence
shall commence upon imposition by the sentencing court.
(e) Notwithstanding paragraph (c), if a person who is in lawful
custody on an allegation or adjudication of a delinquent act while 18 years of
age escapes from a local juvenile correctional facility, the person's sentence
under this section begins on the person's 19th birthday or on the person's date
of discharge from the jurisdiction of the juvenile court, whichever occurs
first. However, if the person described
in this paragraph is convicted after becoming 19 years old and after discharge
from the jurisdiction of the juvenile court, the person's sentence begins upon
imposition by the sentencing court.
(f) Notwithstanding paragraph (a), any person who escapes or
absconds from electronic monitoring or removes an electric monitoring device
from the person's body is guilty of a crime and shall be sentenced to
imprisonment for not more than one year or to a payment of a fine of not more
than $3,000, or both. A person in
lawful custody for a violation of section 609.185, 609.19, 609.195, 609.20,
609.205, 609.21, 609.221, 609.222, 609.223, 609.2231, 609.342, 609.343,
609.344, 609.345, or 609.3451 who escapes or absconds from electronic
monitoring or removes an electronic monitoring device while under sentence may
be sentenced to imprisonment for not more than five years or to a payment of a
fine of not more than $10,000, or both.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 23. Minnesota
Statutes 2004, section 609.531, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For the purpose of sections 609.531 to 609.5318, the
following terms have the meanings given them.
(a) "Conveyance device" means a
device used for transportation and includes, but is not limited to, a motor
vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached
to it. The term "conveyance
device" does not include property which is, in fact, itself stolen or taken
in violation of the law.
(b) "Weapon used" means a dangerous weapon as defined
under section 609.02, subdivision 6, that the actor used or had in possession
in furtherance of a crime.
(c) "Property" means property as defined in section
609.52, subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to
possess under Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal
Apprehension, the Minnesota Division of Driver and Vehicle Services, the
Minnesota State Patrol, a county sheriff's department, the Suburban Hennepin
Regional Park District park rangers, the Department of Natural Resources
Division of Enforcement, the University of Minnesota Police Department, or a
city or airport police department.
(f) "Designated offense" includes:
(1) for weapons used:
any violation of this chapter, chapter 152, or chapter 624;
(2) for driver's license or identification card
transactions: any violation of section
171.22; and
(3) for all other purposes:
a felony violation of, or a felony-level attempt or conspiracy to
violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.21; 609.221;
609.222; 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 609.342,
subdivision 1, clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f);
609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345,
subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42;
609.425; 609.466; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54;
609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 609.66,
subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821;
609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or
a gross misdemeanor or felony violation of section 609.891 or 624.7181; or any
violation of section 609.324.
(g) "Controlled substance" has the meaning given in
section 152.01, subdivision 4.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 24. Minnesota
Statutes 2004, section 609.5312, is amended by adding a subdivision to read:
Subd. 1a.
[COMPUTERS AND RELATED PROPERTY SUBJECT TO FORFEITURE.] (a) As used
in this subdivision, "property" has the meaning given in section
609.87, subdivision 6.
(b) When a computer or a component part of a computer is
used or intended for use to commit or facilitate the commission of a designated
offense, the computer and all software, data, and other property contained in
the computer are subject to forfeiture unless prohibited by the Privacy
Protection Act, United States Code, title 42, sections 2000aa to 2000aa-12, or
other state or federal law.
(c) Regardless of whether a forfeiture action is initiated
following the lawful seizure of a computer and related property, if the
appropriate agency returns hardware, software, data, or other property to the
owner, the agency may charge the owner for the cost of separating contraband
from the computer or other property returned, including salary
and contract costs. The agency may not
charge these costs to an owner of a computer or related property who was not
privy to the act or omission upon which the seizure was based, or who did not
have knowledge of or consent to the act or omission, if the owner:
(1) requests from the agency copies of specified legitimate
data files and provides sufficient storage media; or
(2) requests the return of a computer or other property less
data storage devices on which contraband resides.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 25. Minnesota
Statutes 2004, section 617.23, subdivision 2, is amended to read:
Subd. 2. [GROSS
MISDEMEANOR.] A person who commits any of the following acts is guilty of a
gross misdemeanor:
(1) the person violates subdivision 1 in the presence of a
minor under the age of 16; or
(2) the person violates subdivision 1 after having been
previously convicted of violating subdivision 1, sections 609.342 to 609.3451,
or a statute from another state in conformity with any of those sections, is
guilty of a gross misdemeanor.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 26. Minnesota
Statutes 2004, section 617.23, subdivision 3, is amended to read:
Subd. 3. [FELONY.] A
person is guilty of a felony and may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both, if:
(1) the person violates subdivision 2, clause (1), after
having been previously convicted of or adjudicated delinquent for violating
subdivision 2, clause (1); section 609.3451, subdivision 1, clause (2); or a
statute from another state in conformity with subdivision 2, clause (1), or
section 609.3451, subdivision 1, clause (2); or
(2) the person commits a violation of subdivision 1,
clause (1), in the presence of another person while intentionally confining
that person or otherwise intentionally restricting that person's freedom to
move; or
(2) the person violates subdivision 1 in the presence of an
unaccompanied minor under the age of 16.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 27. Minnesota
Statutes 2004, section 631.045, is amended to read:
631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.]
At the trial of a complaint or indictment for a violation of
sections 609.109, 609.341 to 609.3451, 609.3453, or 617.246, subdivision
2, when a minor under 18 years of age is the person upon, with, or against whom
the crime is alleged to have been committed, the judge may exclude the public
from the courtroom during the victim's testimony or during all or part of the
remainder of the trial upon a showing that closure is necessary to protect a
witness or ensure
fairness in the trial. The judge shall
give the prosecutor, defendant and members of the public the opportunity to
object to the closure before a closure order.
The judge shall specify the reasons for closure in an order closing all
or part of the trial. Upon closure the
judge shall only admit persons who have a direct interest in the case.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 28. [REVISOR
INSTRUCTION.]
(a) The revisor of statutes shall renumber Minnesota
Statutes, section 609.3452, as Minnesota Statutes, section 609.3457, and
correct cross-references. In addition,
the revisor shall delete the reference in Minnesota Statutes, section 13.871,
subdivision 3, paragraph (d), to Minnesota Statutes, section 609.3452, and
insert a reference to Minnesota Statutes, section 609.3457. The revisor shall include a notation in
Minnesota Statutes to inform readers of the statutes of the renumbering of
Minnesota Statutes, section 609.3457.
(b) In addition to the specific changes described in
paragraph (a), the revisor of statutes shall make other technical changes
necessitated by this act.
ARTICLE
8
PUBLIC
SAFETY POLICY
Section 1. Minnesota
Statutes 2004, section 13.87, subdivision 3, is amended to read:
Subd. 3. [INTERNET
ACCESS.] (a) The Bureau of Criminal Apprehension shall establish and maintain
an Internet Web site containing public criminal history data by July 1, 2004.
(b) Notwithstanding section 13.03, subdivision 3, paragraph
(a), the bureau may charge a fee for Internet access to public criminal history
data provided through August 1, 2005.
The fee may not exceed of $5 per inquiry or the amount
needed to recoup the actual cost of implementing and providing Internet access,
whichever is less. Fees collected must
be deposited in the general fund as a nondedicated receipt name searched. The superintendent of the Bureau of Criminal
Apprehension shall collect the fee and the receipts shall be directed to the
noncriminal background account in the special revenue fund.
(c) The Web site must include a notice to the subject of data of
the right to contest the accuracy or completeness of data, as provided under
section 13.04, subdivision 4, and provide a telephone number and address that
the subject may contact for further information on this process.
(d) The Web site must include the effective date of data that
is posted.
(e) The Web site must include a description of the types of
criminal history data not available on the site, including arrest data,
juvenile data, criminal history data from other states, federal data, data on convictions
where 15 years have elapsed since discharge of the sentence, and other data
that are not accessible to the public.
(f) A person who intends to access the Web site to obtain
information regarding an applicant for employment, housing, or credit must
disclose to the applicant the intention to do so. The Web site must include a notice that a person obtaining such
access must notify the applicant when a background check using this Web site
has been conducted.
(g) This subdivision does not create a civil cause of action on
behalf of the data subject.
(h) This subdivision expires July 31, 2007.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 2. Minnesota
Statutes 2004, section 116L.30, is amended to read:
116L.30 [GRANTS-IN-AID TO YOUTH INTERVENTION PROGRAMS.]
Subdivision 1.
[GRANTS.] The commissioner may make grants to nonprofit agencies
administering youth intervention programs in communities where the programs are
or may be established.
"Youth intervention program" means a nonresidential
community-based program providing advocacy, education, counseling, mentoring,
and referral services to youth and their families experiencing personal,
familial, school, legal, or chemical problems with the goal of resolving the present
problems and preventing the occurrence of the problems in the future. The intent of the youth intervention
program is to provide an ongoing stable funding source to community-based early
intervention programs for youth.
Program design may be different for the grantees depending on youth
service needs of the communities being served.
Subd. 2.
[APPLICATIONS.] Applications for a grant-in-aid shall be made by the
administering agency to the commissioner.
The grant-in-aid is contingent upon the agency having obtained
from the community in which the youth intervention program is established local
matching money two times the amount of the grant that is sought. The matching requirement is intended to
leverage the investment of state and community dollars in supporting the
efforts of the grantees to provide early intervention services to youth and
their families.
The commissioner shall provide the application form, procedures
for making application form, criteria for review of the application, and kinds
of contributions in addition to cash that qualify as local matching money. No grant to any agency may exceed $50,000.
Subd. 3. [GRANT
ALLOCATION FORMULA.] Up to one percent of the appropriations to the
grants-in-aid to the youth intervention program may be used for a grant to the
Minnesota Youth Intervention Programs Association for expenses in providing
collaborative training and technical assistance to community-based grantees of
the program.
Subd. 4.
[ADMINISTRATIVE COSTS.] The commissioner may use up to two percent of
the biennial appropriation for grants-in-aid to the youth intervention program
to pay costs incurred by the department in administering the youth intervention
program.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 3. Minnesota
Statutes 2004, section 169.71, subdivision 1, is amended to read:
Subdivision 1.
[PROHIBITIONS GENERALLY; EXCEPTIONS.] No (a) A
person shall not drive or operate any motor vehicle with:
(1) a windshield cracked or discolored to an extent to
limit or obstruct proper vision, or, except for law enforcement vehicles,
with;
(2) any objects suspended between the driver and the
windshield, other than sun visors and rear vision rearview
mirrors,; or with
(3) any sign, poster, or other nontransparent material
upon the front windshield, sidewings, or side or rear windows of such
the vehicle, other than a certificate or other paper required to be so
displayed by law, or authorized by the state director of the Division of
Emergency Management, or the commissioner of public safety.
(b) Paragraph (a), clauses (2) and (3), do not apply to law
enforcement vehicles.
(c) Paragraph (a), clause (2), does not apply to authorized
emergency vehicles.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 4. Minnesota
Statutes 2004, section 214.04, subdivision 1, is amended to read:
Subdivision 1.
[SERVICES PROVIDED.] (a) The commissioner of administration with
respect to the Board of Electricity,; the commissioner of education
with respect to the Board of Teaching,; the commissioner of
public safety with respect to the Board of Private Detective and Protective
Agent Services, and; the panel established pursuant to section
299A.465, subdivision 7; the Board of Peace Officer Standards and Training,;
and the commissioner of revenue with respect to the Board of Assessors, shall
provide suitable offices and other space, joint conference and hearing
facilities, examination rooms, and the following administrative support services: purchasing service, accounting service,
advisory personnel services, consulting services relating to evaluation
procedures and techniques, data processing, duplicating, mailing services,
automated printing of license renewals, and such other similar services of a
housekeeping nature as are generally available to other agencies of state
government. Investigative services
shall be provided the boards by employees of the Office of Attorney General. The commissioner of health with respect to
the health-related licensing boards shall provide mailing and office supply
services and may provide other facilities and services listed in this
subdivision at a central location upon request of the health-related licensing
boards. The commissioner of commerce
with respect to the remaining non-health-related licensing boards shall provide
the above facilities and services at a central location for the remaining
non-health-related licensing boards.
The legal and investigative services for the boards shall be provided by
employees of the attorney general assigned to the departments servicing the
boards. Notwithstanding the foregoing,
the attorney general shall not be precluded by this section from assigning
other attorneys to service a board if necessary in order to insure competent
and consistent legal representation.
Persons providing legal and investigative services shall to the extent
practicable provide the services on a regular basis to the same board or
boards.
(b) The requirements in paragraph (a) with respect to the
panel established in section 299A.465, subdivision 7, expire July 1, 2008.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 5. Minnesota
Statutes 2004, section 259.11, is amended to read:
259.11 [ORDER; FILING COPIES.]
(a) Upon meeting the requirements of section 259.10, the court
shall grant the application unless: (1)
it finds that there is an intent to defraud or mislead; (2) section 259.13
prohibits granting the name change; or (3) in the case of the change of a minor
child's name, the court finds that such name change is not in the best
interests of the child. The court shall
set forth in the order the name and age of the applicant's spouse and each child
of the applicant, if any, and shall state a description of the lands, if any,
in which the applicant and the spouse and children, if any, claim to have an
interest. The court administrator shall
file such order, and record the same in the judgment book. If lands be described therein, a certified
copy of the order shall be filed for record, by the applicant, with the county recorder of each county wherein
any of the same are situated. Before
doing so the court administrator shall present the same to the county auditor
who shall enter the change of name in the auditor's official records and note
upon the instrument, over an official signature, the words "change of name
recorded." Any such order shall
not be filed, nor any certified copy thereof be issued, until the applicant
shall have paid to the county recorder and court administrator the fee required
by law. No application shall be denied
on the basis of the marital status of the applicant.
(b) When a person applies for a name change, the court shall
determine whether the person has been convicted of a felony a
criminal history in this or any other state. The court may conduct a search of national records through the
Federal Bureau of Investigation by submitting a set of fingerprints and the
appropriate fee to the Bureau of Criminal Apprehension. If so it is determined that the
person has a criminal history in this or any other state, the court shall,
within ten days after the name change application is granted, report the name
change to the Bureau of Criminal Apprehension.
The person whose name is changed shall also report the change to the
Bureau of Criminal Apprehension within ten days. The court granting the name change application must explain this
reporting duty in its order. Any person
required to report the person's name change to the Bureau of Criminal
Apprehension who fails to report the name change as required under this
paragraph is guilty of a gross misdemeanor.
(c) Paragraph (b) does not apply to either:
(1) a request for a name change as part of an application
for a marriage license under section 517.08; or
(2) a request for a name change in conjunction with a
marriage dissolution under section 518.27.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 6. Minnesota
Statutes 2004, section 299A.465, is amended by adding a subdivision to read:
Subd. 6.
[DETERMINATION OF SCOPE AND DUTIES.] (a) Whenever a peace officer or
firefighter has been approved to receive a duty-related disability pension, the
officer or firefighter may apply to the panel established in subdivision 7 for
a determination of whether or not the officer or firefighter meets the
requirements in subdivision 1, paragraph (a), clause (2). In making this decision, the panel shall
determine whether or not the officer's or firefighter's occupational duties or
professional responsibilities put the officer or firefighter at risk for the
type of illness or injury actually sustained.
A final determination by the panel is binding on the applicant and the
employer, subject to any right of judicial review. Applications must be made within 90 days of receipt of approval
of a duty-related pension and must be acted upon by the panel within 90 days of
receipt. Applications that are not
acted upon within 90 days of receipt by the panel are approved. Applications and supporting documents are
private data.
(b) This subdivision expires July 1, 2008.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, and applies to duty-related pension
approvals made on or after that date.
Sec. 7. Minnesota
Statutes 2004, section 299A.465, is amended by adding a subdivision to read:
Subd. 7. [COURSE
AND SCOPE OF DUTIES PANEL.] (a) A panel is established for the purpose set
forth in subdivision 6, composed of the following seven members:
(1) two members recommended by the Minnesota League of
Cities or a successor;
(2) one member recommended by the Association of Minnesota
Counties or a successor;
(3) two members recommended by the Minnesota Police and Peace
Officers Association or a successor;
(4) one member recommended by the Minnesota Professional
Firefighters Association or a successor; and
(5) one nonorganizational member recommended by the six
organizational members.
(b) Recommendations must be forwarded to the commissioner of
public safety who shall appoint the recommended members after determining that
they were properly recommended. Members
shall serve for two years or until their successors have been seated. No member may serve more than three
consecutive terms. Vacancies on the
panel must be filled by recommendation by the organization whose
representative's seat has been vacated.
A vacancy of the nonorganizational seat must be filled by the
recommendation of the panel. Vacancies
may be declared by the panel in cases of resignation or when a member misses
three or more consecutive meetings, or by a nominating organization when its
nominee is no longer a member in good standing of the organization, an employee
of the organization, or an employee of a member in good standing of the
organization. A member appointed
because of a vacancy shall serve until the expiration of the vacated term.
(c) Panel members shall be reimbursed for expenses related
to their duties according to section 15.059, subdivision 3, paragraph (a), but
shall not receive compensation or per diem payments. The panel's proceedings and determinations constitute a
quasi-judicial process and its operation must comply with chapter 14. Membership on the panel does not constitute
holding a public office and members of the panel are not required to take and
file oaths of office or submit a public official's bond before serving on the
panel. No member of the panel may be
disqualified from holding any public office or employment by reason of being
appointed to the panel. Members of the
panel and staff or consultants working with the panel are covered by the
immunity provision in section 214.34, subdivision 2. The panel shall elect a chair and adopt rules of order. The panel shall convene no later than July 1,
2005.
(d) This subdivision expires July 1, 2008.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 8. Minnesota
Statutes 2004, section 299C.095, subdivision 1, is amended to read:
Subdivision 1. [ACCESS
TO DATA ON JUVENILES.] (a) The bureau shall administer and maintain the
computerized juvenile history record system based on sections 260B.171 and
260C.171 and other statutes requiring the reporting of data on juveniles. The data in the system are private data as
defined in section 13.02, subdivision 12, but are accessible to criminal
justice agencies as defined in section 13.02, subdivision 3a, to all trial
courts and appellate courts, to a person who has access to the juvenile court
records as provided in sections 260B.171 and 260C.171 or under court rule, to
public defenders as provided in section 611.272, and to criminal justice
agencies in other states in the conduct of their official duties.
(b) Except for access authorized under paragraph (a), the bureau
shall only disseminate a juvenile adjudication history record in connection
with a background check required by statute or rule and performed on a
licensee, license applicant, or employment applicant or performed under section
299C.62 or 624.713. If the background
check is performed under section 299C.62, juvenile adjudication history
disseminated under this paragraph is limited to offenses that would constitute
a background check crime as defined in section 299C.61, subdivision 2. A consent for release of information from an
individual who is the subject of a juvenile adjudication history is not
effective and the bureau shall not release a juvenile adjudication history
record and shall not release information in a manner that reveals the existence
of the record. Data maintained under
section 243.166, released in conjunction with a background check, regardless of
the age of the offender at the time of the offense, does not constitute
releasing information in a manner that reveals the existence of a juvenile
adjudication history.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 9. Minnesota
Statutes 2004, section 299C.11, is amended to read:
299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.]
(a) Each sheriff and chief of police shall furnish the bureau,
upon such form as the superintendent shall prescribe, with such finger and
thumb prints, photographs, distinctive physical mark identification data,
information on known aliases and street names, and other identification data as
may be requested or required by the superintendent of the bureau, which must be
taken under the provisions of section 299C.10.
In addition, sheriffs and chiefs of police shall furnish this
identification data to the bureau for individuals found to have been convicted
of a felony, gross misdemeanor, or targeted misdemeanor, within the ten years
immediately preceding their arrest. When
the bureau learns that an individual who is the subject of a background check
has used, or is using, identifying information, including, but not limited to,
name and date of birth, other than those listed on the criminal history, the
bureau may add the new identifying information to the criminal history when
supported by fingerprints.
(b) No petition under chapter 609A is required if the person
has not been convicted of any felony or gross misdemeanor, either within or
without the state, within the period of ten years immediately preceding the
determination of all pending criminal actions or proceedings in favor of the
arrested person, and either of the following occurred:
(1) all charges were dismissed prior to a determination of
probable cause; or
(2) the prosecuting authority declined to file any charges and
a grand jury did not return an indictment.
Where these conditions are
met, the bureau or agency shall, upon demand, return to the arrested person
finger and thumb prints, photographs, distinctive physical mark identification
data, information on known aliases and street names, and other identification
data, and all copies and duplicates of them.
(c) Except as otherwise provided in paragraph (b), upon the
determination of all pending criminal actions or proceedings in favor of the
arrested person, and the granting of the petition of the arrested person under
chapter 609A, the bureau shall seal finger and thumb prints, photographs,
distinctive physical mark identification data, information on known aliases and
street names, and other identification data, and all copies and duplicates of
them if the arrested person has not been convicted of any felony or gross
misdemeanor, either within or without the state, within the period of ten years
immediately preceding such determination.
(d) DNA samples and DNA records of the arrested person shall
not be returned, sealed, or destroyed as to a charge supported by probable
cause.
(e) For purposes of this section:
(1) "determination of all pending criminal actions or
proceedings in favor of the arrested person" does not include:
(i) the sealing of a criminal record pursuant to section
152.18, subdivision 1, 242.31, or chapter 609A;
(ii) the arrested person's successful completion of a diversion
program;
(iii) an order of discharge under section 609.165; or
(iv) a pardon granted under section 638.02; and
(2) "targeted misdemeanor" has the meaning given in
section 299C.10, subdivision 1.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 10.
Minnesota Statutes 2004, section 326.3382, is amended by adding a
subdivision to read:
Subd. 5. [SPECIAL PROTECTIVE AGENT CLASSIFICATION.] The board shall
establish a special protective agent license classification that provides that
a person described in section 326.338, subdivision 4, clause (4), who is
otherwise qualified under this section need not meet the requirements of
subdivision 2, paragraph (c).
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 11. Minnesota
Statutes 2004, section 518B.01, is amended by adding a subdivision to read:
Subd. 23.
[PROHIBITION AGAINST EMPLOYER RETALIATION.] (a) An employer shall not
discharge, discipline, threaten, otherwise discriminate against, or penalize an
employee regarding the employee's compensation, terms, conditions, location, or
privileges of employment, because the employee took reasonable time off from
work to obtain or attempt to obtain relief under this chapter. Except in cases of imminent danger to the
health or safety of the employee or the employee's child, an employee who is
absent from the workplace shall give reasonable advance notice to the
employer. Upon request of the employer,
the employee shall provide verification that supports the employee's reason for
being absent from the workplace. All
information related to the employee's leave pursuant to this section shall be
kept confidential by the employer.
(b) An employer who violates paragraph (a) is guilty of a
misdemeanor and may be punished for contempt of court. In addition, the court shall order the
employer to pay back wages and offer job reinstatement to any employee
discharged from employment in violation of paragraph (a).
(c) In addition to any remedies otherwise provided by law,
an employee injured by a violation of paragraph (a) may bring a civil action
for recovery of damages, together with costs and disbursements, including
reasonable attorney fees, and may receive such injunctive and other equitable
relief, including reinstatement, as determined by the court. Total damages recoverable under this
subdivision shall not exceed lost wages for six weeks.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 12. Minnesota
Statutes 2004, section 609.748, is amended by adding a subdivision to read:
Subd. 10.
[PROHIBITION AGAINST EMPLOYER RETALIATION.] (a) An employer shall not
discharge, discipline, threaten, otherwise discriminate against, or penalize an
employee regarding the employee's compensation, terms, conditions, location, or
privileges of employment, because the employee took reasonable time off from
work to obtain or attempt to obtain relief under this section. Except in cases of imminent danger to the
health or safety of the employee or the employee's child, an employee who is
absent from the workplace shall give reasonable advance notice to the
employer. Upon request of the employer,
the employee shall provide verification that supports the employee's reason for
being absent from the workplace. All
information related to the employee's leave pursuant to this section shall be
kept confidential by the employer.
(b) An employer who violates paragraph (a) is guilty of a
misdemeanor and may be punished for contempt of court. In addition, the court shall order the
employer to pay back wages and offer job reinstatement to any employee
discharged from employment in violation of paragraph (a).
(c) In addition to any remedies otherwise provided by law,
an employee injured by a violation of paragraph (a) may bring a civil action
for recovery of damages, together with costs and disbursements, including
reasonable attorney fees, and may receive such injunctive and other equitable
relief, including reinstatement, as determined by the court. Total damages recoverable under this
subdivision shall not exceed lost wages for six weeks.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 13.
Minnesota Statutes 2004, section 611A.01, is amended to read:
611A.01 [DEFINITIONS.]
For the purposes of sections 611A.01 to 611A.06:
(a) "crime" means conduct that is prohibited by local
ordinance and results in bodily harm to an individual; or conduct that is
included within the definition of "crime" in section 609.02,
subdivision 1, or would be included within that definition but for the fact
that (i) the person engaging in the conduct lacked capacity to commit the crime
under the laws of this state, or (ii) the act was alleged or found to have been
committed by a juvenile;
(b) "victim" means a natural person who incurs loss
or harm as a result of a crime, including a good faith effort to prevent a
crime, and for purposes of sections 611A.04 and 611A.045, also includes (i) a
corporation that incurs loss or harm as a result of a crime, (ii) a government
entity that incurs loss or harm as a result of a crime, and (iii) any other
entity authorized to receive restitution under section 609.10 or 609.125. If the victim is a natural person and is
deceased, "victim" means the deceased's surviving spouse or next of
kin The term "victim" includes the family members, guardian,
or custodian of a minor, incompetent, incapacitated, or deceased person. In a case where the prosecutor finds that
the number of family members makes it impracticable to accord all of the family
members the rights described in sections 611A.02 to 611A.0395, the prosecutor
shall establish a reasonable procedure to give effect to those rights. The procedure may not limit the number of
victim impact statements submitted to the court under section 611A.038. The term "victim" does not include
the person charged with or alleged to have committed the crime; and
(c) "juvenile" has the same meaning as given to the
term "child" in section 260B.007, subdivision 3.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 14. Minnesota
Statutes 2004, section 611A.036, is amended to read:
611A.036 [PROHIBITION AGAINST EMPLOYER RETALIATION.]
Subdivision 1.
[VICTIM OR WITNESS.] An employer or employer's agent who threatens to
discharge or discipline must allow a victim or witness, or who
discharges, disciplines, or causes a victim or witness to be discharged from
employment or disciplined because the victim or the witness who is
subpoenaed or requested by the prosecutor to attend court for the purpose of
giving testimony, is guilty of a misdemeanor and may be punished for
contempt of court. In addition, the
court shall order the employer to offer job reinstatement to any victim or
witness discharged from employment in violation of this section, and to pay the
victim or witness back wages as appropriate reasonable time off from
work to attend criminal proceedings related to the victim's case.
Subd. 2.
[VICTIM'S SPOUSE OR NEXT OF KIN.] An employer must allow a victim of
a heinous crime, as well as the victim's spouse or next of kin, reasonable time
off from work to attend criminal proceedings related to the victim's case.
Subd. 3.
[PROHIBITED ACTS.] An employer shall not discharge, discipline,
threaten, otherwise discriminate against, or penalize an employee regarding the
employee's compensation, terms, conditions, location, or privileges of
employment, because the employee took reasonable time off from work to attend a
criminal proceeding pursuant to this section.
Subd. 4.
[VERIFICATION; CONFIDENTIALITY.] An employee who is absent from the
workplace shall give reasonable advance notice to the employer, unless an
emergency prevents the employee from doing so.
Upon request of the employer, the employee shall provide verification
that supports the employee's reason for being absent from the workplace. All information related to the employee's
leave pursuant to this section shall be kept confidential by the employer.
Subd. 5. [PENALTY.] An employer who violates this section is guilty of
a misdemeanor and may be punished for contempt of court. In addition, the court shall order the
employer to offer job reinstatement to any employee discharged from employment
in violation of this section, and to pay the employee back wages as
appropriate.
Subd. 6. [CIVIL
ACTION.] In addition to any remedies otherwise provided by law, an employee
injured by a violation of this section may bring a civil action for recovery
for damages, together with costs and disbursements, including reasonable
attorney fees, and may receive such injunctive and other equitable relief,
including reinstatement, as determined by the court. Total damages recoverable under this section shall not exceed
lost wages for six weeks.
Subd. 7.
[DEFINITION.] As used in this section, "heinous crime"
means:
(1) a violation or attempted violation of section 609.185 or
609.19;
(2) a violation of section 609.195 or 609.221; or
(3) a violation of section 609.342, 609.343, or 609.344, if
the offense was committed with force or violence or if the complainant was a
minor at the time of the offense.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 15. Minnesota
Statutes 2004, section 611A.19, is amended to read:
611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY
VIRUS.]
Subdivision 1. [TESTING
ON REQUEST OF VICTIM.] (a) Upon the request or with the consent of the victim,
the prosecutor shall make a motion in camera and the sentencing court shall
issue an order requiring an adult convicted of or a juvenile adjudicated
delinquent for violating section 609.342 (criminal sexual conduct in the first
degree), 609.343 (criminal sexual conduct in the second degree), 609.344
(criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or any other violent crime, as defined in section
609.1095, to submit to testing to determine the presence of human
immunodeficiency virus (HIV) antibody if:
(1) the crime involved sexual penetration, however slight, as
defined in section 609.341, subdivision 12; or
(2) evidence exists that the broken skin or mucous membrane of
the victim was exposed to or had contact with the offender's semen or blood
during the commission of the crime in a manner which has been demonstrated
epidemiologically to transmit the human immunodeficiency virus (HIV).
(b) When the court orders an offender to submit to testing
under paragraph (a), the court shall order that the test be performed by an
appropriate health professional who is trained to provide the counseling
described in section 144.7414, and that no reference to the test, the motion
requesting the test, the test order, or the test results may appear in the
criminal record or be maintained in any record of the court or court services,
except in the medical record maintained by the Department of Corrections.
(c) The order shall include the name and contact information
of the victim's choice of health care provider.
Subd. 2. [DISCLOSURE OF
TEST RESULTS.] The date and results of a test performed under subdivision 1 are
private data as defined in section 13.02, subdivision 12, when maintained by a
person subject to chapter 13, or may be released only with the subject's
consent, if maintained by a person not subject to chapter 13. The results are available, on request, to
the victim or, if the victim is a minor, to the victim's parent or guardian and
positive test results
shall be reported to the commissioner of health. Any test results shall be given to a victim or victim's
parent or guardian shall be provided by a health professional who is trained to
provide the counseling described in section 144.7414 by the Department
of Correction's medical director to the victim's health care provider who shall
give the results to the victim or victim's parent or guardian. Data regarding administration and results of
the test are not accessible to any other person for any purpose and shall not
be maintained in any record of the court or court services or any other
record. After the test results are
given to the victim or the victim's parent or guardian, data on the test must
be removed from any medical data or health records maintained under section
13.384 or 144.335 and destroyed, except for those medical records maintained by
the Department of Corrections.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 16. Minnesota
Statutes 2004, section 611A.53, subdivision 1b, is amended to read:
Subd. 1b. [MINNESOTA
RESIDENTS INJURED ELSEWHERE.] (a) A Minnesota resident who is the victim of a
crime committed outside the geographical boundaries of this state but who
otherwise meets the requirements of this section shall have the same rights
under this chapter as if the crime had occurred within this state upon a
showing that the state, territory, or United States possession,
country, or political subdivision of a country in which the crime occurred
does not have a crime victim reparations law covering the resident's injury or
death.
(b) Notwithstanding paragraph (a), a Minnesota resident who is
the victim of a crime involving international terrorism who otherwise meets the
requirements of this section has the same rights under this chapter as if the
crime had occurred within this state regardless of where the crime occurred or
whether the jurisdiction has a crime victims reparations law.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to those seeking reparations
on or after that date.
Sec. 17. [SPECIAL
REVENUE SPENDING AUTHORIZATION FROM CRIMINAL JUSTICE SPECIAL PROJECTS ACCOUNT.]
Remaining balances in the special revenue fund from spending
authorized by Laws 2001, First Special Session chapter 8, article 7, section
14, subdivision 1, for which spending authorization ended June 30, 2003, under
Laws 2001, First Special Session, chapter 8, article 7, section 14, subdivision
3, are transferred to the general fund.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 18. [TRANSFER OF
RESPONSIBILITIES.]
The responsibility of the Department of Employment and
Economic Development for the youth intervention program is transferred to the
Department of Public Safety.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 19. [REVISOR
INSTRUCTION.]
The revisor of statutes shall renumber Minnesota Statutes,
section 116L.30 as section 299A.73. The
revisor shall also make necessary cross-reference changes consistent with the
renumbering.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
ARTICLE 9
FIRE
MARSHAL
Section 1. Minnesota
Statutes 2004, section 84.362, is amended to read:
84.362 [REMOVAL OF STRUCTURES.]
Until after the sale of any parcel of tax-forfeited land,
whether classified as agricultural or nonagricultural hereunder, the county
auditor may, with the approval of the commissioner, provide:
(1) for the sale or demolition of any structure located thereon,
which on the land that has been determined by the county board to be
within the purview of section 299F.10, especially liable to fire or
so situated as to endanger life or limb or other buildings or property in the
vicinity because of age, dilapidated condition, defective chimney, defective
electric wiring, any gas connection, heating apparatus, or other defect;
and
(2) for the sale of salvage material, if any, therefrom.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 2. Minnesota
Statutes 2004, section 282.04, subdivision 2, is amended to read:
Subd. 2. [RIGHTS BEFORE
SALE; IMPROVEMENTS, INSURANCE, DEMOLITION.] (a) Before the sale of a
parcel of forfeited land the county auditor may, with the approval of the
county board of commissioners, provide for the repair and improvement of any
building or structure located upon the parcel, and may provide for maintenance
of tax-forfeited lands, if it is determined by the county board that such
repairs, improvements, or maintenance are necessary for the operation, use,
preservation, and safety of the building or structure.
(b) If so authorized by the county board, the county
auditor may insure the building or structure against loss or damage resulting
from fire or windstorm, may purchase workers' compensation insurance to insure
the county against claims for injury to the persons employed in the building or
structure by the county, and may insure the county, its officers and employees
against claims for injuries to persons or property because of the management,
use, or operation of the building or structure.
(c) The county auditor may, with the approval of the
county board, provide:
(1) for the demolition of the building or structure,
which has been determined by the county board to be within the purview of
section 299F.10, especially liable to fire or so situated as to endanger
life or limb or other buildings or property in the vicinity because of age,
dilapidated condition, defective chimney, defective electric wiring, any gas
connection, heating apparatus, or other defect; and
(2) for the sale of salvaged materials from the building
or structure.
(d) The county auditor, with the approval of the county
board, may provide for the sale of abandoned personal property. The sale may be made by the sheriff using
the procedures for the sale of abandoned property in section 345.15 or by the
county auditor using the procedures for the sale of abandoned property in
section 504B.271. The net proceeds from
any sale of the personal property, salvaged materials, timber or other
products, or leases made under this law must be deposited in the forfeited tax
sale fund and must be distributed in the same manner as if the parcel had been
sold.
(e) The county auditor, with the approval of the county
board, may provide for the demolition of any structure on tax-forfeited lands,
if in the opinion of the county board, the county auditor, and the land
commissioner, if there is one, the sale of the land with the structure on it,
or the continued existence of the structure by reason of age, dilapidated
condition or excessive size as compared with nearby structures, will result in
a material lessening of net tax capacities of real estate in the vicinity of
the tax-forfeited lands, or if the demolition of the structure or structures
will aid in disposing of the tax-forfeited property.
(f) Before the sale of a parcel of forfeited land
located in an urban area, the county auditor may with the approval of the
county board provide for the grading of the land by filling or the removal of
any surplus material from it. If the
physical condition of forfeited lands is such that a reasonable grading of the
lands is necessary for the protection and preservation of the property of any
adjoining owner, the adjoining property owner or owners may apply to the county
board to have the grading done. If, after
considering the application, the county board believes that the grading will
enhance the value of the forfeited lands commensurate with the cost involved,
it may approve it, and the work must be performed under the supervision of the
county or city engineer, as the case may be, and the expense paid from the
forfeited tax sale fund.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 3. Minnesota
Statutes 2004, section 299F.011, subdivision 7, is amended to read:
Subd. 7. [FEES.] A fee
of $100 shall be charged by The state fire marshal shall charge a fee of
$100 for each plan review involving:
(1) flammable liquids under Minnesota Rules, part 7510.3650;
(2) motor vehicle fuel-dispensing stations under Minnesota
Rules, part 7510.3610; or
(3) liquefied petroleum gases under Minnesota Rules, part
7510.3670.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 4. Minnesota
Statutes 2004, section 299F.014, is amended to read:
299F.014 [RULES FOR CERTAIN PETROLEUM STORAGE TANKS; TANK
VEHICLE PARKING.]
(a) Any rule of the commissioner of public safety that adopts
provisions of the Uniform State Fire Code relating to aboveground
tanks for petroleum storage that are not used for dispensing to the public is
superseded by Minnesota Rules, chapter 7151, in regard to: secondary containment, substance transfer
areas, tank and piping standards, overfill protection, corrosion protection,
leak detection, labeling, monitoring, maintenance, record keeping, and
decommissioning. If Minnesota Rules,
chapter 7151, does not address an issue relating to aboveground tanks for
petroleum storage that are not used for dispensing to the public, any
applicable provision of the Uniform State Fire Code, 1997
Edition, shall apply applies.
(b) A motorized tank vehicle used to transport petroleum
products may be parked within 500 feet of a residence if the vehicle is parked
at an aboveground tank facility used for dispensing petroleum into cargo tanks
for sale at another location.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 5. Minnesota
Statutes 2004, section 299F.05, is amended to read:
299F.05 [LAW ENFORCEMENT POWERS; INFORMATION SYSTEM.]
Subdivision 1.
[INVESTIGATION, ARREST, AND PROSECUTION.] The state fire marshal,
On determining that reasonable grounds exist to believe that a violation of
sections 609.561 to 609.576 has occurred, or reasonable grounds to
believe that some other crime has occurred in connection with a fire
investigated pursuant to section 299F.04, the state fire marshal shall
so inform the superintendent of the Bureau of Criminal Apprehension. The superintendent law enforcement
authority having jurisdiction, who shall cooperate with the fire marshal
and local fire officials in further investigating the reported incident
in a manner which that may include supervising and directing the
subsequent criminal investigation, and taking the testimony on oath of
all persons supposed to be cognizant of any facts relating to the matter under
investigation. If the superintendent
believes On determining that there is evidence sufficient to charge
any person with a violation of sections 609.561 to 609.576, or of any other
crime in connection with an investigated fire, the superintendent authority
having jurisdiction shall arrest or cause have the person to
be arrested and charged with the offense and furnish to the proper
prosecuting attorney all relevant evidence, together with the copy of all names
of witnesses and all the information obtained by the superintendent authority
or the state fire marshal, including a copy of all pertinent and material
testimony taken in the case.
Subd. 2. [INFORMATION
SYSTEM.] The state fire marshal and the superintendent of the Bureau of
Criminal Apprehension shall maintain a record of arrests, charges filed,
and final disposition of all fires reported and investigated under sections
299F.04 and 299F.05. For this purpose,
the Department of Public Safety shall implement a single reporting system shall
be implemented by the Department of Public Safety utilizing the systems
operated by the fire marshal and the bureau. The system shall must be operated in such a way as
to minimize duplication and discrepancies in reported figures.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 6. Minnesota
Statutes 2004, section 299F.051, subdivision 4, is amended to read:
Subd. 4. [COOPERATIVE
INVESTIGATION; REIMBURSEMENT.] The state fire marshal and the
superintendent of the Bureau of Criminal Apprehension shall encourage the
cooperation of local firefighters and peace officers in the investigation of
violations of sections 609.561 to 609.576 or other crimes associated with
reported fires in all appropriate ways, including providing reimbursement to
political subdivisions at a rate not to exceed 50 percent of the salaries of
peace officers and firefighters for time spent in attending fire investigation
training courses offered by the arson training unit. Volunteer firefighters from a political subdivision shall be
reimbursed at the rate of $35 per day plus expenses incurred in attending fire
investigation training courses offered by the arson training unit. Reimbursement shall be made only in the
event that both a peace officer and a firefighter from the same political
subdivision attend the same training course.
The reimbursement shall be subject to the limitation of funds
appropriated and available for expenditure.
The state fire marshal and the superintendent also shall encourage local
firefighters and peace officers to seek assistance from the arson strike force
established in section 299F.058.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 7. Minnesota
Statutes 2004, section 299F.06, subdivision 1, is amended to read:
Subdivision 1. [SUMMON
WITNESSES; PRODUCE DOCUMENTARY EVIDENCE.] (a) In order to establish if
reasonable grounds exist to believe that a violation of sections 609.561 to
609.576, has occurred, or to determine compliance with the Uniform
State Fire Code or corrective orders issued thereunder under
that code, the state fire marshal and the staff designated by the state
fire marshal shall have the power, in any county of the state to, may summon
and compel the attendance of witnesses to testify before the state fire marshal,
chief assistant fire marshal, or deputy state fire marshals, and may
require the production of any book, paper, or document deemed pertinent. The state fire marshal may also designate
certain individuals from fire departments in cities of the first class and
cities of the second class as having the powers set forth in this
paragraph. These designated individuals
may only exercise their powers in a manner prescribed by the state fire
marshal. "Fire department"
has the meaning given in section 299F.092, subdivision 6. "Cities of the first class" and
"cities of the second class" have the meanings given in section
410.01.
(b) A summons issued under this subdivision shall must
be served in the same manner and have has the same effect as subpoenas
a subpoena issued from a district courts court. All witnesses shall must
receive the same compensation as is paid to witnesses in district courts, which
shall must be paid out of the fire marshal fund upon vouchers
a voucher certificate signed by the state fire marshal, chief assistant
fire marshal, or deputy fire marshal before whom any witnesses shall
have attended and this officer shall, at the close of the investigation wherein
in which the witness was subpoenaed, certify to the attendance and
mileage of the witness, which.
This certificate shall must be filed in the Office of
the State Fire Marshal. All
investigations held by or under the direction of the state fire marshal,
or any subordinate, may, in the state fire marshal's discretion,
be private and persons other than those required to be present by the
provisions of this chapter may be excluded from the place where the
investigation is held, and witnesses may be kept separate and apart from each
other and not allowed to communicate with each other until they have been
examined.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 8. Minnesota
Statutes 2004, section 299F.19, subdivision 1, is amended to read:
Subdivision 1. [RULES.]
The commissioner of public safety shall adopt rules for the safekeeping,
storage, handling, use, or other disposition of flammable liquids, flammable
gases, blasting agents, and explosives. Loads carried in or on vehicles transporting such these
products upon public highways within this state shall be are
governed by the uniform vehicle size and weights provisions in sections 169.80
to 169.88 and the transportation of hazardous materials provisions of section
221.033. The rules for flammable
liquids and flammable gases shall be distinguished from each other and from the
rules covering other materials subject to regulation under this subdivision.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 9. Minnesota
Statutes 2004, section 299F.19, subdivision 2, is amended to read:
Subd. 2. [BLASTING
AGENT DEFINED; EXPLOSIVES CLASSIFIED.] (a) For the purposes of this
section, and the rules adopted pursuant thereto, the term to
this section:
(a) "Blasting agent" means any material
or mixture, consisting of a fuel and oxidizer, intended for blasting, not
otherwise classified as an explosive and in which none of the ingredients is
classified as an explosive,; providing that, the finished
product, as mixed and packaged for use or shipment, cannot be detonated by
means of a number 8 test blasting cap when unconfined. The term "Blasting agent"
does not include flammable liquids or flammable gases.
(b) For the purposes of this section, and the rules adopted
pursuant thereto, "Explosive" means any chemical compound,
mixture, or device, the primary or common purpose of which is to function by
explosion. The term includes, but is
not limited to, dynamite, black powder, pellet powder, initiating explosives,
detonators, safety fuses, squibs, detonating cord, igniter cord, igniters,
display fireworks, and class 1.3G fireworks (formerly classified as Class B
special fireworks).
"Explosive" includes any material determined to be within the
scope of United States Code, title 18, chapter 40, and also includes any
material classified as an explosive other than consumer fireworks, 1.4G (Class
C, Common), by the hazardous materials regulations of the United States
Department of Transportation (DOTn) in Code of Federal Regulations, title 49.
(c) Explosives are divided into three classes four
categories and are defined as follows:
(1) class A explosives:
possessing detonating or otherwise maximum hazard, such as dynamite,
nitroglycerin, picric acid, lead azide, fulminate of mercury, blasting caps,
and detonating primers;
(2) class B explosives:
possessing flammable hazard, such as propellant explosives (including
some smokeless powders), black powder, photographic flash powders, and some
special fireworks;
(3) class C explosives:
includes certain types of manufactured articles which contain class A,
or class B explosives, or both, as components but in restricted quantities.
The term explosive or
explosives means any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion; that is, with substantially
instantaneous release of gas and heat, unless such compound, mixture, or device
is otherwise specifically classified by the United States Department of
Transportation. The term explosives
includes all material which is classified as class A, class B, and class C
explosives by the United States Department of Transportation, and includes, but
is not limited to dynamite, black powder, pellet powder, initiating explosives,
blasting caps, electric blasting caps, safety fuse, fuse lighters, fuse
igniters, squibs, cordeau detonate fuse, instantaneous fuse, igniter cord,
igniters, and some special fireworks.
Commercial explosives are those explosives which are intended to be used
in commercial or industrial operation.
The term explosives does not include flammable liquids or flammable
gases.
(1) High explosive:
explosive material, such as dynamite, that can be caused to detonate by
means of a number eight test blasting cap when unconfined.
(2) Low explosive:
explosive material that will burn or deflagrate when ignited,
characterized by a rate of reaction that is less than the speed of sound,
including, but not limited to, black powder, safety fuse, igniters, igniter
cord, fuse lighters, class 1.3G fireworks (formerly classified as Class B
special fireworks), and class 1.3C propellants.
(3) Mass-detonating explosives: division 1.1, 1.2, and 1.5 explosives alone or in combination, or
loaded into various types of ammunition or containers, most of which can be
expected to explode virtually instantaneously when a small portion is subjected
to fire, severe concussion, impact, the impulse of an initiating agent, or the
effect of a considerable discharge of energy from without. Materials that react in this manner represent
a mass explosion hazard. Such an explosive
will normally cause severe structural damage to adjacent objects. Explosive propagation could occur
immediately to other items of ammunition and explosives stored sufficiently
close to and not adequately protected from the initially exploding pile with a
time interval short enough so that two or more quantities must be considered as
one for quantity-distance purposes.
(4) United Nations/United States Department of
Transportation (UN/DOTn) Class 1 explosives:
the hazard class of explosives that further defines and categorizes
explosives under the current system applied by DOTn for all explosive materials
into further divisions as follows, with the letter G identifying the material
as a pyrotechnic substance or article containing a pyrotechnic substance and
similar materials:
(i) Division 1.1 explosives have a mass explosion
hazard. A mass explosion is one that
affects almost the entire load instantaneously.
(ii) Division 1.2 explosives have a projection hazard but
not a mass explosion hazard.
(iii) Division 1.3 explosives have a fire hazard and either
a minor blast hazard or a minor projection hazard or both, but not a mass
explosion hazard.
(iv) Division 1.4 explosives pose a minor
explosion hazard. The explosive effects
are largely confined to the package and no projection of fragments of
appreciable size or range is to be expected.
An external fire must not cause virtually instantaneous explosion of
almost the entire contents of the package.
(v) Division 1.5 explosives are very insensitive and are
comprised of substances that have a mass explosion hazard, but are so
insensitive that there is very little probability of initiation or of
transition from burning to detonation under normal conditions of transport.
(vi) Division 1.6 explosives are extremely insensitive and
do not have a mass explosion hazard, comprised of articles that contain only
extremely insensitive detonating substances and that demonstrate a negligible
probability of accidental initiation or propagation.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 10. Minnesota
Statutes 2004, section 299F.362, subdivision 3, is amended to read:
Subd. 3. [SMOKE
DETECTOR FOR ANY DWELLING.] Every dwelling unit within a dwelling shall must
be provided with a smoke detector meeting the requirements of Underwriters
Laboratories, Inc., or approved by the International Conference of Building
Officials the State Fire Code.
The detector shall must be mounted in accordance with the
rules regarding smoke detector location promulgated adopted under
the provisions of subdivision 2.
When actuated, the detector shall must provide an alarm in
the dwelling unit.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 11. Minnesota
Statutes 2004, section 299F.362, subdivision 4, is amended to read:
Subd. 4. [SMOKE
DETECTOR FOR APARTMENT, LODGING HOUSE, OR HOTEL.] Every dwelling unit within an
apartment house and every guest room in a lodging house or hotel used for
sleeping purposes shall must be provided with a smoke detector
conforming to the requirements of Underwriters Laboratories, Inc., or
approved by the International Conference of Building Officials the State
Fire Code. In dwelling units,
detectors shall must be mounted in accordance with the rules
regarding smoke detector location promulgated adopted under the
provisions of subdivision 2. When
actuated, the detector shall must provide an alarm in the
dwelling unit or guest room.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 12. Minnesota
Statutes 2004, section 299F.391, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For purposes of this section the following definitions
shall apply:
(a) "Lodging house" means any building or portion
thereof containing not more than five guest rooms which are used or intended to
be used for sleeping purposes by guests and where rent is paid in money, goods,
labor or otherwise "Dormitory" means all or a portion of a
building containing one or more rooms for group sleeping or closely associated
rooms used for sleeping.
(b) "Hospital" has the meaning given it in section
144.50.
(c) "Hotel" means any building or portion thereof
containing six or more guest rooms intended or designed to be used, or which
are a hotel, motel, resort, boarding house, bed and breakfast, furnished
apartment house, or other building that is kept, used, rented, hired out
to be occupied, or which are occupied for advertised, or held out to the
public as a place where sleeping purposes by or housekeeping
accommodations are supplied for pay to guests, and which is required to
be licensed pursuant to chapter 157 for transient occupancy.
(d) "Nursing home" has the meaning
given it in section 144A.01.
(e) "School" means any public or private school or
educational institution.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 13. Minnesota
Statutes 2004, section 299F.46, subdivision 1, is amended to read:
Subdivision 1. [HOTEL
INSPECTION OF HOTELS AND OTHER LODGING FACILITIES.] (a) It shall be
the duty of The commissioner of public safety to shall
inspect, or cause to be have inspected, at least
once every three years, every hotel in this state; and, other
lodging facility with five or more guest rooms, dormitories, youth or family
camps, and juvenile group home buildings.
For that purpose, the commissioner, or the commissioner's deputies or
designated alternates or agents, shall have the right to may enter
or have access thereto lodging facility buildings at any
reasonable hour; and, when, upon such inspection, it shall be found that the
hotel so inspected does not conform to or is not being operated in accordance
with the provisions of sections 157.011 and 157.15 to 157.22, in so far as the
same relate to fire prevention or fire protection of hotels, or the rules
promulgated thereunder, or is being.
These buildings must be maintained or operated in such manner as
to violate the Minnesota accordance with the State Fire Code
promulgated pursuant to section 299F.011 or any other law of this state
relating to fire prevention and fire protection of hotels, the commissioner
and the deputies or designated alternates or agents shall report such a
situation to the hotel inspector who shall proceed as provided for in chapter
157.
(b) The word words "hotel", and
"dormitory," as used in this subdivision, has section,
have the meaning meanings given in section 299F.391.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 14. Minnesota
Statutes 2004, section 299F.46, subdivision 3, is amended to read:
Subd. 3. [INSPECTION
FEES; HOTELS AND DORMITORIES.] (a) For each hotel or dormitory with
35 or more rooms and required to have a fire inspection according to
subdivision 1, the commissioner of public safety may charge each hotel a
triennial inspection fee of $435 and a per-room charge of $5 for one to 18
units, $6 for 19 to 35 units, $7 for 36 to 100 units, $7 for 35 to 99
units and $8 for 100 or more units, or a per bed charge of 50 cents for
beds in a group sleeping area. The
fee includes one follow-up inspection.
The commissioner shall charge each resort a triennial inspection fee of
$435 and a per room charge of $5 for one to ten units, $6 for 11 to 25 units,
and $7 for 26 or more units. These
fees include one follow-up inspection.
The commissioner shall
charge a fee of $225 for each additional follow-up inspection for hotels and
resorts these buildings, conducted in each three-year cycle that is
necessary to bring the hotel or resort building into compliance with
the State Fire Code.
(b) For each hotel or dormitory with fewer than 35 rooms and
each resort classified as class 1c property under section 273.13 and required
to have a fire inspection according to subdivision 1, the commissioner of
public safety may charge a triennial inspection fee of $217.50 and a per-room
charge of $3 for a hotel or dormitory, and a per-cabin charge of $2.50, or a
per-bed charge of 50 cents per bed in group sleeping areas. These fees include one follow-up
inspection. The commissioner shall
charge a fee of $112.50 for each additional follow-up inspection for these
buildings, conducted in each three-year cycle that is necessary to bring the
building into compliance with the State Fire Code.
(c) Nothing in this subdivision prevents the designated local
government agent, as defined in subdivision 2, from continuing to
charge an established inspection fee or from establishing a new
inspection fee.
(c) Hotels and motels with fewer than 35
rooms and resorts classified as 1c under section 273.13 are exempt from the fee
requirements of this subdivision.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 15. Minnesota
Statutes 2004, section 325F.04, is amended to read:
325F.04 [FLAME RESISTANT TENTS AND SLEEPING BAGS.]
(a) No person, firm or corporation may sell or offer for
sale or manufacture for sale in this state any tent unless all fabrics or
pliable materials in the tent are durably flame resistant. No person, firm or corporation may sell or
offer for sale or manufacture for sale in this state any sleeping bag unless it
meets the standards of the commissioner of public safety for flame
resistancy. Tents and sleeping bags
shall be conspicuously labeled as being durably flame resistant.
(b) Paragraph (a) does not apply to one and two-person
backpacking tents.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 16. Minnesota
Statutes 2004, section 624.22, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
REQUIREMENTS; PERMIT; INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 do not
prohibit the supervised display of fireworks by a statutory or home rule
charter city, fair association, amusement park, or other organization, except
that:
(1) a fireworks display may be conducted only when supervised
by an operator certified by the state fire marshal; and
(2) a fireworks display must either be given by a municipality
or fair association within its own limits, or by any other organization,
whether public or private, only after a permit for the display has first been
secured.
(b) An application for a permit for an outdoor fireworks
display must be made in writing to the municipal clerk at least 15 days in
advance of the date of the display and must list the name of an operator who is
certified by the state fire marshal and will supervise the display. The application must be promptly referred to
the chief of the fire department, who shall make an investigation to determine
whether the operator of the display is competent and is certified by the state
fire marshal, and whether the display is of such a character and is to be so
located, discharged, or fired that it will not be hazardous to property or
endanger any person. The fire chief
shall report the results of this investigation to the clerk. If the fire chief reports that the operator
is certified, that in the chief's opinion the operator is competent, and that
the fireworks display as planned will conform to the safety guidelines of the
state fire marshal provided for in paragraph (f), the clerk shall issue a
permit for the display when the applicant pays a permit fee.
(c) When the supervised outdoor fireworks display for which a
permit is sought is to be held outside the limits of an incorporated municipality,
the application must be made to the county auditor, and the auditor shall
perform duties imposed by sections 624.20 to 624.25 upon the clerk of the
municipality. When an application is
made to the auditor, the county sheriff shall perform the duties imposed on the
fire chief of the municipality by sections 624.20 to 624.25.
(d) An application for an indoor fireworks display permit must
be made in writing to the state fire marshal by the operator of the facility in
which the display is to occur at least 15 days in advance of the date of any
performance, show, or event which will include the discharge of fireworks
inside a building or structure. The
application must list the name of an operator who is certified by the state
fire marshal and will supervise the display.
The state fire marshal
shall make an investigation to determine whether the operator of the display is
competent and is properly certified and whether the display is of such a
character and is to be so located, discharged, or fired that it will not be
hazardous to property or endanger any person.
If the state fire marshal determines that the operator is certified and
competent, that the indoor fireworks display as planned will conform to the
safety guidelines provided for in paragraph (f), and that adequate notice will
be given to inform patrons of the indoor fireworks display, the state fire
marshal shall issue a permit for the display when the applicant pays an indoor
fireworks fee of $150 and reimburses the fire marshal for costs of
inspection. Receipts from the indoor
fireworks fee and inspection reimbursements must be deposited in the general
fund as a nondedicated receipt. The
state fire marshal may issue a single permit for multiple indoor fireworks
displays when all of the displays are to take place at the same venue as part
of a series of performances by the same performer or group of performers. A copy of the application must be promptly
conveyed to the chief of the local fire department, who shall make appropriate
preparations to ensure public safety in the vicinity of the display. The operator of a facility where an indoor
fireworks display occurs must provide notice in a prominent place as approved
by the state fire marshal to inform patrons attending a performance when indoor
fireworks will be part of that performance.
The state fire marshal may grant a local fire chief the authority to
issue permits for indoor fireworks displays.
Before issuing a permit, a local fire chief must make the determinations
required in this paragraph.
(e) After a permit has been granted under either paragraph (b)
or (d), sales, possession, use and distribution of fireworks for a display are
lawful for that purpose only. A permit
is not transferable.
(f) The state fire marshal shall adopt and disseminate to
political subdivisions rules establishing guidelines on fireworks display
safety that are consistent with sections 624.20 to 624.25 and the most recent editions
edition of the Minnesota Uniform State Fire Code and
the National Fire Protection Association Standards, to insure that
fireworks displays are given safely. In
the guidelines, the state fire marshal shall allow political subdivisions to
exempt the use of relatively safe fireworks for theatrical special effects,
ceremonial occasions, and other limited purposes, as determined by the state
fire marshal.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 17. [INSTRUCTION
TO REVISOR.]
The revisor of statutes shall change the terms
"Minnesota Uniform Fire Code" and "Uniform Fire Code" to
"State Fire Code" where found in Minnesota Statutes, sections 16B.61,
subdivision 2; 126C.10, subdivision 14; 136F.61; 245A.151; 299F.011,
subdivisions 1, 4, 4b, 4c, 5, and 6; 299F.013; 299F.015, subdivision 1;
299F.06, subdivision 1; 299F.092, subdivision 6; 299F.093, subdivision 1;
299F.362, subdivision 6; 299F.391, subdivisions 2 and 3; 299M.12; 414.0325,
subdivision 5; and 462.3585.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 18. [REPEALER.]
Minnesota Statutes 2004, sections 69.011, subdivision 5;
299F.011, subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12; 299F.13;
299F.14; 299F.15; 299F.16; 299F.17; 299F.361; 299F.451; and 299F.452, are
repealed.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
ARTICLE
10
EMERGENCY
COMMUNICATIONS
Section 1. Minnesota
Statutes 2004, section 237.70, subdivision 7, is amended to read:
Subd. 7. [APPLICATION,
NOTICE, FINANCIAL ADMINISTRATION, COMPLAINT INVESTIGATION.] The telephone
assistance plan must be administered jointly by the commission, the Department
of Commerce, and the local service providers in accordance with the following
guidelines:
(a) The commission and the Department of Commerce shall develop
an application form that must be completed by the subscriber for the purpose of
certifying eligibility for telephone assistance plan credits to the local
service provider. The application must
contain the applicant's Social Security number. Applicants who refuse to provide a Social Security number will be
denied telephone assistance plan credits.
The application form must also include a statement that the applicant
household is currently eligible for one of the programs that confers eligibility
for the federal Lifeline Program. The
application must be signed by the applicant, certifying, under penalty of
perjury, that the information provided by the applicant is true.
(b) Each local service provider shall annually mail a notice of
the availability of the telephone assistance plan to each residential
subscriber in a regular billing and shall mail the application form to
customers when requested.
The notice must state the following:
YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE
BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE PROGRAMS. FOR MORE INFORMATION OR AN APPLICATION FORM
PLEASE CONTACT .........
(c) An application may be made by the subscriber, the
subscriber's spouse, or a person authorized by the subscriber to act on the
subscriber's behalf. On completing the
application certifying that the statutory criteria for eligibility are
satisfied, the applicant must return the application to the subscriber's local
service provider. On receiving a
completed application from an applicant, the subscriber's local service
provider shall provide telephone assistance plan credits against monthly
charges in the earliest possible month following receipt of the
application. The applicant must receive
telephone assistance plan credits until the earliest possible month following
the service provider's receipt of information that the applicant is ineligible.
If the telephone assistance
plan credit is not itemized on the subscriber's monthly charges bill for local
telephone service, the local service provider must notify the subscriber of the
approval for the telephone assistance plan credit.
(d) The commission shall serve as the coordinator of the
telephone assistance plan and be reimbursed for its administrative expenses
from the surcharge revenue pool. As the
coordinator, the commission shall:
(1) establish a uniform statewide surcharge in accordance with
subdivision 6;
(2) establish a uniform statewide level of telephone assistance
plan credit that each local service provider shall extend to each eligible
household in its service area;
(3) require each local service provider to account to the
commission on a periodic basis for surcharge revenues collected by the
provider, expenses incurred by the provider, not to include expenses of collecting
surcharges, and credits extended by the provider under the telephone assistance
plan;
(4) require each local service provider to remit surcharge
revenues to the Department of Administration Public Safety for
deposit in the fund; and
(5) remit to each local service provider from the surcharge
revenue pool the amount necessary to compensate the provider for expenses, not
including expenses of collecting the surcharges, and telephone assistance plan
credits. When it appears that the
revenue generated by the maximum surcharge permitted under subdivision 6 will
be inadequate to fund any particular established level of telephone assistance
plan credits, the commission shall reduce the credits to a level that can
be adequately funded by the maximum surcharge.
Similarly, the commission may increase the level of the telephone
assistance plan credit that is available or reduce the surcharge to a level and
for a period of time that will prevent an unreasonable overcollection of
surcharge revenues.
(e) Each local service provider shall maintain adequate records
of surcharge revenues, expenses, and credits related to the telephone
assistance plan and shall, as part of its annual report or separately, provide
the commission and the Department of Commerce with a financial report of its
experience under the telephone assistance plan for the previous year. That report must also be adequate to satisfy
the reporting requirements of the federal matching plan.
(f) The Department of Commerce shall investigate complaints
against local service providers with regard to the telephone assistance plan
and shall report the results of its investigation to the commission.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 2. Minnesota
Statutes 2004, section 403.02, subdivision 7, is amended to read:
Subd. 7. [AUTOMATIC
LOCATION IDENTIFICATION.] "Automatic location identification" means
the process of electronically identifying and displaying on a special
viewing screen the name of the subscriber and the location, where
available, of the calling telephone number to a person answering a 911
emergency call.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 3. Minnesota
Statutes 2004, section 403.02, subdivision 13, is amended to read:
Subd. 13. [ENHANCED 911
SERVICE.] "Enhanced 911 service" means the use of selective
routing, automatic location identification, or local location
identification as part of local 911 service provided by an enhanced 911
system consisting of a common 911 network and database and customer data and
network components connecting to the common 911 network and database.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 4. Minnesota
Statutes 2004, section 403.02, subdivision 17, is amended to read:
Subd. 17. [911
SERVICE.] "911 service" means a telecommunications service that
automatically connects a person dialing the digits 911 to an established public
safety answering point. 911 service
includes:
(1) equipment for connecting and outswitching 911 calls
within a telephone central office, trunking facilities from the central office
to a public safety answering point customer data and network components
connecting to the common 911 network and database;
(2) common 911 network and database equipment, as
appropriate, for automatically selectively routing 911 calls in situations
where one telephone central office serves more than one to the
public safety answering point serving the caller's jurisdiction; and
(3) provision of automatic location identification if the
public safety answering point has the capability of providing that service.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 5. Minnesota
Statutes 2004, section 403.02, is amended by adding a subdivision to read:
Subd. 17a. [911
EMERGENCY TELECOMMUNICATIONS SERVICE PROVIDER.] "911 emergency
telecommunications service provider" means a telecommunications service
provider or other entity, determined by the commissioner to be capable of
providing effective and efficient components of the 911 system, that provides
all or portions of the network and database for automatically selectively
routing 911 calls to the public safety answering point serving the caller's
jurisdiction.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 6. Minnesota
Statutes 2004, section 403.025, subdivision 3, is amended to read:
Subd. 3. [WIRE-LINE
CONNECTED TELECOMMUNICATIONS SERVICE PROVIDER REQUIREMENTS.] Every owner
and operator of a wire-line or wireless circuit switched or packet-based
telecommunications system connected to the public switched telephone network
shall design and maintain the system to dial the 911 number without charge to
the caller.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 7. Minnesota
Statutes 2004, section 403.025, subdivision 7, is amended to read:
Subd. 7. [CONTRACTUAL
REQUIREMENTS.] (a) The state, together with the county or other governmental
agencies operating public safety answering points, shall contract with the
appropriate wire-line telecommunications service providers or other entities
determined by the commissioner to be capable of providing effective and
efficient components of the 911 system for the operation, maintenance,
enhancement, and expansion of the 911 system.
(b) The state shall contract with the appropriate wireless
telecommunications service providers for maintaining, enhancing, and expanding
the 911 system.
(c) The contract language or subsequent amendments to the
contract must include a description of the services to be furnished by
wireless and wire-line telecommunications service providers to the county
or other governmental agencies operating public safety answering points, as
well as compensation based on the effective tariff or price list approved by
the Public Utilities Commission.
The contract language or subsequent amendments must include the terms of
compensation based on the effective tariff or price list filed with the Public
Utilities Commission or the prices agreed to by the parties.
(d) The contract language or subsequent amendments to contracts
between the parties must contain a provision for resolving disputes.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 8. Minnesota
Statutes 2004, section 403.05, subdivision 1, is amended to read:
Subdivision 1. [OPERATE
AND MAINTAIN.] Each county or any other governmental agency shall operate and
maintain its 911 system to meet the requirements of governmental agencies whose
services are available through the 911 system and to permit future expansion or
enhancement of the system. Each county
or any other governmental agency shall ensure that has jurisdiction
over a wire-line 911 emergency call also has primary jurisdiction over a
911 emergency call made with a wireless access device is automatically
connected to and answered by the appropriate public safety answering point.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 9. Minnesota
Statutes 2004, section 403.05, subdivision 3, is amended to read:
Subd. 3. [AGREEMENTS
FOR SERVICE.] Each county and any other governmental agency shall contract with
the state and wire-line telecommunications service providers or other
entities determined by the commissioner to be capable of providing effective
and efficient components of the 911 system for the recurring and nonrecurring
costs associated with operating and maintaining 911 emergency communications
systems.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 10. Minnesota
Statutes 2004, section 403.07, subdivision 3, is amended to read:
Subd. 3. [DATABASE.] In
911 systems that have been approved by the commissioner for a local location
identification database, each wire-line telecommunications service provider
shall provide current customer names, service addresses, and telephone numbers
to each public safety answering point within the 911 system and shall update
the information according to a schedule prescribed by the county 911 plan. Information provided under this subdivision
must be provided in accordance with the transactional record disclosure
requirements of the federal Electronic Communications Privacy Act
of 1986 1932, United States Code, title 18 47,
section 2703 222, subsection (c), paragraph (1), subparagraph
(B)(iv) (g).
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 11. Minnesota
Statutes 2004, section 403.08, subdivision 10, is amended to read:
Subd. 10. [PLAN
INTEGRATION.] Counties shall incorporate the statewide design when modifying
county 911 plans to provide for integrating wireless 911 service into existing
county 911 systems. The commissioner
shall contract with the involved wireless service providers and 911 emergency
telecommunications service providers to integrate cellular and other
wireless services into existing 911 systems where feasible.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 12. Minnesota
Statutes 2004, section 403.11, subdivision 1, is amended to read:
Subdivision 1.
[EMERGENCY TELECOMMUNICATIONS SERVICE FEE; ACCOUNT.] (a) Each
customer of a wireless or wire-line switched or packet-based
telecommunications service provider connected to the public switched
telephone network that furnishes service capable of originating a 911
emergency telephone call is assessed a fee based upon the number of wired or
wireless telephone lines, or their equivalent, to cover the costs of
ongoing maintenance and related improvements for trunking and central office
switching equipment for 911 emergency telecommunications service, plus
administrative and staffing costs of the commissioner related to managing the
911 emergency telecommunications service program. Recurring charges by a wire-line telecommunications service
provider for updating the information required by section 403.07, subdivision
3, must be paid by the commissioner if the wire-line telecommunications service
provider is included in an approved 911 plan and the charges are made pursuant
to tariff, price list, or contract. The
fee assessed under this section must also be used for the purpose of offsetting
the costs, including administrative and staffing costs, incurred by the State
Patrol Division of the Department of Public Safety in handling 911 emergency
calls made from wireless phones.
(b) Money remaining in the 911 emergency telecommunications
service account after all other obligations are paid must not cancel and is
carried forward to subsequent years and may be appropriated from time to time
to the commissioner to provide financial assistance to counties for the
improvement of local emergency telecommunications services. The improvements may include providing
access to 911 service for telecommunications service subscribers currently
without access and upgrading existing 911 service to include automatic number
identification, local location identification, automatic location
identification, and other improvements specified in revised county 911 plans
approved by the commissioner.
(c) Until June 30, 2006, the fee may not be less than
eight cents nor more than 40 65 cents a month for each customer
access line or other basic access service, including trunk equivalents as
designated by the Public Utilities Commission for access charge purposes and
including wireless telecommunications services. Effective July 1, 2006, the fee may not be less than eight
cents nor more than 50 cents a month for each customer access line or other
basic access service, including trunk equivalents as designated by the
commission for access charge purposes and including wireless telecommunications
services. With the approval of the commissioner of finance, the
commissioner of public safety shall establish the amount of the fee within the
limits specified and inform the companies and carriers of the amount to be collected
submitted. When the revenue
bonds authorized under section 403.27, subdivision 1, have been fully paid or
defeased, the commissioner shall reduce the fee to reflect that debt service on
the bonds is no longer needed. The
commissioner shall provide companies and carriers a minimum of 45 days' notice
of each fee change. The fee must be the
same for all customers.
(d) The fee must be collected submitted by each
wireless or wire-line telecommunications service provider subject to the
fee. Fees are payable to and must be
submitted to the commissioner monthly before the 25th of each month following
the month of collection counted, except that fees may be
submitted quarterly if less than $250 a month is due, or annually if less than
$25 a month is due. Receipts must be
deposited in the state treasury and credited to a 911 emergency
telecommunications service account in the special revenue fund. The money in the account may only be used
for 911 telecommunications services.
(e) This subdivision does not apply to customers of
interexchange carriers.
(f) The installation and recurring charges for integrating
wireless 911 calls into enhanced 911 systems must be paid by the commissioner
if the 911 service provider is included in the statewide design plan and the
charges are made pursuant to tariff, price list, or contract.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 13. Minnesota
Statutes 2004, section 403.11, subdivision 3, is amended to read:
Subd. 3. [METHOD OF
PAYMENT.] (a) Any wireless or wire-line telecommunications service provider
incurring reimbursable costs under subdivision 1 shall submit an invoice
itemizing rate elements by county or service area to the commissioner for 911
services furnished under tariff, price list, or contract. Any wireless or wire-line telecommunications
service provider is eligible to receive payment for 911 services rendered
according to the terms and conditions specified in the contract. Competitive local exchange carriers holding
certificates of authority from the Public Utilities Commission are eligible to
receive payment for recurring 911 services provided after July 1, 2001. The commissioner shall pay the invoice
within 30 days following receipt of the invoice unless the commissioner
notifies the service provider that the commissioner disputes the invoice.
(b) The commissioner shall estimate the amount required to
reimburse 911 emergency telecommunications service providers and
wireless and wire-line telecommunications service providers for the state's
obligations under subdivision 1 and the governor shall include the estimated
amount in the biennial budget request.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 14. Minnesota
Statutes 2004, section 403.11, subdivision 3a, is amended to read:
Subd. 3a. [TIMELY
CERTIFICATION.] A certification must be submitted to the commissioner no later
than January 1, 2003,
may certify those costs for payment to the commissioner according to this
section for a period of 90 days after January 1, 2003. During this period, the commissioner shall
reimburse any wireless or wire-line telecommunications service provider for
approved, certified costs without regard to any contrary provision of this
subdivision. two years one year after commencing a new or additional
eligible 911 service. Any wireless or
wire-line telecommunications service provider incurring reimbursable costs
under this section at any time before
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to contracts
entered into on or after that date.
Sec. 15. Minnesota
Statutes 2004, section 403.113, subdivision 1, is amended to read:
Subdivision 1. [FEE.]
(a) Each customer receiving service from a wireless or wire-line switched or
packet-based telecommunications service provider connected to the public
telephone network that furnishes service capable of originating a 911 emergency
telephone call is assessed a fee to fund implementation, operation,
maintenance, enhancement, and expansion of enhanced 911 service, including
acquisition of necessary equipment and the costs of the commissioner to administer
the program. The actual fee assessed
under section 403.11 and the enhanced 911 service fee must be collected submitted
as one amount and may not exceed the amount specified in section 403.11,
subdivision 1, paragraph (c).
(b) The enhanced 911 service fee must be collected and
deposited in the same manner as the fee in section 403.11 and used solely for
the purposes of paragraph (a) and subdivision 3.
(c) The commissioner, in consultation with counties and 911
system users, shall determine the amount of the enhanced 911 service fee. The fee must include at least ten cents per
month to be distributed under subdivision 2.
The commissioner shall inform wireless and wire-line telecommunications
service providers that provide service capable of originating a 911 emergency
telephone call of the total amount of the 911 service fees in the same manner
as provided in section 403.11.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 16. Minnesota
Statutes 2004, section 403.27, is amended by adding a subdivision to read:
Subd. 1a.
[AUTHORIZATION; THIRD PHASE.] The commissioner of finance, if
requested by a vote of at least two-thirds of all of the members of the
Statewide Radio Board, may authorize the issuance of revenue bonds or other
debt instrument for any of the following purposes to:
(1) provide funds for the elements of the third phase of the
statewide public safety radio communication system that the board determines
are of regional or statewide benefit and support mutual aid and emergency
medical services communication including, but not limited to, costs of master
controllers of the backbone;
(2) provide funds for the third phase of the public safety
radio communication system; and
(3) refund bonds issued under this section.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 17. Minnesota
Statutes 2004, section 403.27, subdivision 3, is amended to read:
Subd. 3. [LIMITATIONS.]
(a) The principal amount of the bonds issued pursuant to subdivision 1,
exclusive of any original issue discount, shall not exceed the amount of
$10,000,000 plus the amount the council determines necessary to pay the costs
of issuance, fund reserves, debt service, and pay for any bond insurance or
other credit enhancement.
(b) In addition to the amount authorized
under paragraph (a), the council may issue bonds under subdivision 1 in a
principal amount of $3,306,300, plus the amount the council determines
necessary to pay the cost of issuance, fund reserves, debt service, and any
bond insurance or other credit enhancement.
The proceeds of bonds issued under this para